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Private-sector employers administering a test under one of the Employee Polygraph Protection Act (EPPA)’s exemptions have responsibilities before, during, and after the test.
Employers conducting an ongoing investigation must provide examinees a written statement before giving them a polygraph test. The statement must:
The following examinee rights apply to all private-sector employers administering a test under one of the Act’s exemptions:
Following the test, before employers may use the results for any adverse employment action, they must:
During any part of the test process:
Examiner requirements
When any private-sector employer administers a polygraph test, the examiner must:
The examiner may not conduct more than five polygraph tests per day, and each test must be at least 90 minutes in duration. Their opinion must be in writing, based solely on the test results, and cannot include any employment recommendations.
Disclosure of results
With some exceptions, only the examinee may disclose information obtained during a polygraph test.
The Act allows the polygraph examiner to disclose information from a test only to the:
However, in accordance with due process of law pursuant to a court order, examiners may also disclose information to any:
A private-sector employer for whom a test is conducted may disclose information from the test only to:
Poster
Private-sector employers must post a notice describing the Act where it will be conspicuous to both employees and applicants for employment.
Recordkeeping requirements
Private-sector employers who conduct polygraph tests as part on an ongoing investigation must maintain, for three years, a copy of a signed statement that is provided to the examinee before the test. The statement must:
It would be a best practice for all private-sector employers to retain records involving the rights of the examinees, found above.
For at least three years following the test, examiners must keep all:
Private-sector employers administering a test under one of the Employee Polygraph Protection Act (EPPA)’s exemptions have responsibilities before, during, and after the test.
Employers conducting an ongoing investigation must provide examinees a written statement before giving them a polygraph test. The statement must:
The following examinee rights apply to all private-sector employers administering a test under one of the Act’s exemptions:
Following the test, before employers may use the results for any adverse employment action, they must:
During any part of the test process:
Examiner requirements
When any private-sector employer administers a polygraph test, the examiner must:
The examiner may not conduct more than five polygraph tests per day, and each test must be at least 90 minutes in duration. Their opinion must be in writing, based solely on the test results, and cannot include any employment recommendations.
Disclosure of results
With some exceptions, only the examinee may disclose information obtained during a polygraph test.
The Act allows the polygraph examiner to disclose information from a test only to the:
However, in accordance with due process of law pursuant to a court order, examiners may also disclose information to any:
A private-sector employer for whom a test is conducted may disclose information from the test only to:
Poster
Private-sector employers must post a notice describing the Act where it will be conspicuous to both employees and applicants for employment.
Recordkeeping requirements
Private-sector employers who conduct polygraph tests as part on an ongoing investigation must maintain, for three years, a copy of a signed statement that is provided to the examinee before the test. The statement must:
It would be a best practice for all private-sector employers to retain records involving the rights of the examinees, found above.
For at least three years following the test, examiners must keep all: