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Frequently
Asked Questions (FAQ)
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Q
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What
is the Employee Protection Act of 1988? Go
to top |
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| A
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The Employee Polygraph Protection Act of 1988 (EPPA) is a little known federal polygraph law that is a powerful tool at the disposal of employees (not employed by the Federal government, State & Local agencies) that are asked to take, or who take, lie detector tests, including polygraph tests, at the request of their EMPLOYERS. The law basically prohibits, employers from asking that employees take, or giving polygraph tests at work, except under very limited circumstances. |
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| Q
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Who
does the EPPA cover?
Go
to top |
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| A
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The law only covers private employers and employees. It does not apply to employee that work for a local agency, State or Federal Government. |
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| Q
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When
can my boss ask me to take a polygraph test?
Go to top |
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| A
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The
EPPA has four different "exemptions" under which private
employers can give polygraph tests to their employees. Three of the
exemptions deal with employers that are involved in national defense,
security services, and controlled substances. The one exemption that
is available to all private employers, and the one that you are like
to encounter, is called the "ongoing investigation" exemption.
this exemption permits employers to ask, and give, polygraph test
to employees when they are investigating an economic loss, such as
the theft of merchandise, missing money, etc. |
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| Q
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Can
my boss ask us to take a polygraph test if he has suffered an economic
loss? Go
to top |
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| A
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No.
In order for your boss to legally ask you to take a polygraph
test, he/she will have to show three things: (1) that there
in fact was an economic loss, (2) that you had access to the
property or item that was lost, and (3) that your boss has "reasonable suspicion" that
you were involved in the economic loss. Your boss has to satisfy
all three tests before you can be asked to take a polygraph
test. |
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Q |
What information
my boss has to tell me when I am asked to take a polygraph test?
Go to top |
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A
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In
writing, your boss has to tell you about the economic loss,
the access that you had, and about the "reasonable suspicion" that
he/she has that you were involved in the "economic loss". |
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Q |
Can my boss fire
me for only refusing to take a polygraph test?
Go to top |
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A
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No,
unless your boss has "additional supporting evidence" that
you were involved in the economic loss. |
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Q |
What if I take the
polygraph test?
Go to top |
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A
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If
you take the test, the EPPA has provisions that are designed to protect
your rights before, during, and after you take the polygraph test.
That means that your boss must carefully follow the polygraph law
and ensure that you are given all the information that the EPPA says
you must be given before, during, and after the test is given to you. |
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Q |
Can
my boss fire me if I fail the polygraph test?
Go to top |
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A
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No.
Your boss cannot fire you only for failing a polygraph test. For your
boss to fire you, or take any other adverse employment action after
you fail a polygraph test, he/she must have additional supporting
evidence and provide you with information the the EPPA says you must
be given before any adverse action is taken against you. |
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Q |
What happens if
I am fired for failing the test, but my boss didn't follow the EPPA
procedures?
Go to top |
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A
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Then
your firing is illegal and you can sue your boss for violating
the EPPA. The EPPA is a very strict law. If your boss fails to
follow even one of the requirements of the law, then the "ongoing investigation"exemption
is unavailable to your boss to justify the polygraph test and the
whole test is illegal. |
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Q |
What can I recover
under the EPPA?
Go to top |
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A
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If
you file a suit and win, the EPPA provides for recovery of damages
such as back pay, benefits, etc., and courts have held that you can
also recover compensatory damages for things like emotional distress,
humiliation, and embarrassment. courts have also held that you can
recover punitive damages, if appropriate, which are damages that the
employer has to pay to you as punishment for its conduct. Recoverable
damages could be substantial and depend on the facts of the case.
The EPPA also provides that if you win, the employer has to pay your
attorney fees and costs. |
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Q |
How can the EPPA
help me?
Go to top |
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A
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The
EPPA helps you by giving you the possibility of fighting back,
especially if you are fired after a polygraph test. Most private
employees wok as "at will" employees, which basically
means that you are employed at the will of your employer and you
can be fired at any time, be it for a good or a bad reason, or
no reason at all, as long as the reason is not illegal (examples
of illegal reasons are firings based on your race, national origin,
religion, age, or disability). If the reason is not illegal, you
can be fired no matter how unjust the reason. that is why most
employees that are fired have no case against their employers.
If you were giving a polygraph test, your employer may have given
you a powerful tool to strike back. |
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Master: Luis Sierra: www.usewebdesign.com |
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