US legislation that restricts the use of “lie detector tests” by private employers except under specified conditions. Employers may not compel or request employees or applicants to submit to such testing, nor may they use any results for adverse action. All levels of government are exempt from the provisions of EPPA. There are also exemptions for companies that provide security services and those involved in the manufacture and storage of controlled substances, who may use the polygraph for preemployment screening. Employers may request an employee to undergo PDD testing if it is part of an investigation of a loss to the employer, the employee had access to the property lost, there is a reasonable belief that the employee was involved in the loss, and the employee is given 48 hours notice prior to the examination that outlines the loss, investigation, and the reasons the employee is under suspicion. The employer is prohibited, however, from taking any action against the employee who refuses to cooperate with a PDD examination. Two of the major effects of EPPA have been a sharp decrease in the number of private examiners in the United States, and a move by the professional polygraph associations to upgrade standards of practice. Full text of the law can be found on the Department of Labor website: www.dol.gov.
