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Employee Polygraph Protection Act
  • The EPPA limits how employers may administer lie detector tests.

Employers are limited in how they can administer lie detector tests to their employees under the provisions of the Employee Polygraph Protection Act (EPPA), which was passed by Congress in 1988. The Department of Labor (DOL) has published rules to implement the provisions of the EPPA.

The agency published:

  • Interim final rules in the Federal Register on October 21, 1988, with an effective date of December 27, 1988 (the effective date of the Act); and
  • Final rules on March 4, 1991, with an effective date of April 3, 1991.
    • The rules are:
      • Administered by the DOL’s Wage and Hour Division, and
      • Found in Title 29 Part 801 of the Code of Federal Regulations (CFR).

The law does not preempt:

  • Any state or local law; or
  • Any negotiated collective bargaining agreement that prohibits lie detector tests or is more restrictive.