Employee Polygraph Protection Act of 1988

• It is a lie detector test
• with the few exception to " security -sensitive" positions it is unlawful for the employer to use such tests in employment decision
• It provided protection to current and prospective employees.

Prospective employees: A lie detector test can be used for prospective employees

1. Employer provides armored car personnel, security personnel, or security alarm systems to protect electrical, nuclear power plants, storage or radioactive or other toxic material.
2. Employees will have direct access to the manufacture, distribution or dispensation of certain controlled substance.
3. If the employer engages in intelligence function
4. Employer is a federal, state of local govt.

Current employees: Can be done for the current employees during an ongoing investigation of financial loss or injury through theft, embezzlement and misappropriation if

1. Employee has access to the property
   
2. Employer has reasonable suspicion on the employee
3. Employee receives written notification about the investigation and testing prior to the test.

Note :

• Employer cannot terminate solely on the basis that he refused to take that test
• If employee voluntarily accepts to take the test he can terminate the test any time