OVERVIEW

The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test or for exercising other rights under the Act. In addition, employers are required to display the EPPA poster in the workplace for their employees.

The Employment Standards Administration's Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the EPPA.

COMPLIANCE ASSISTANCE MATERIALS

BASIC INFORMATION

• Employment Law Guide - Lie Detector Tests - Provides a summary of the Employee Polygraph Protection Act (EPPA).
• Filing a Complaint - To file a complaint concerning a law enforced by the Wage and Hour Division, including the EPPA, contact your nearest Wage and Hour Division office or call the Department's Toll-Free Wage and Hour HelpLine at 1-866-4-US-WAGE.

FACT SHEETS

• Employee Polygraph Protection Act (EPPA) Fact Sheet

POSTERS

• Employee Polygraph Protection Act (EPPA) Poster

RECORDKEEPING

29 CFR Part 801 Subpart D - Each employer who, relying on an exemption, requests or administers a polygraph test to an employee or applicant must maintain records setting forth the specific activity or incident which is the basis of the testing, notices setting forth the time and place of the testing and the employee's rights, and copies of reports and other documents provided by the examiner.

APPLICABLE LAWS AND REGULATIONS

• The Employee Polygraph Protection Act (EPPA) (PDF) - Prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment.
• 29 CFR Part 801 - Regulations implementing the EPPA.

RELATED TOPICS AND LINKS

• See also Compliance Assistance By Topic - Hiring Issues - Testing

DOL CONTACTS*

• Employment Standards Administration (ESA)
  Wage and Hour Division
  200 Constitution Avenue, NW
  Room S-3502
  Washington, DC 20210
  Contact WHD
  Tel: 1-866-4USWAGE (1-866-487-9243)
  TTY: 1-877-889-5627
  Local Offices

*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.