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
Note :
- Employer provides armored car personnel, security personnel, or security alarm systems to protect electrical, nuclear power plants, storage or radioactive or other toxic material.
- Employees will have direct access to the manufacture, distribution or dispensation of certain controlled substance.
- If the employer engages in intelligence function
- Employer is a federal, state of local govt.
- Employee has access to the property
- Employer has reasonable suspicion on the employee
- 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