Employee Polygraph Protection Act (EPPA) - Hawaii

Summary of differences between federal and state regulations

Polygraph protection

Polygraph protection provisions apply to employees and prospective employees in the private-sector and in state and local governments.

Under the Hawaii rules, an employer may not require a prospective employee or employee to submit to a lie detector test as a condition of employment or continued employment. Employees must be notified that any lie detector test is voluntary. Lie detector tests may not include inquiries that are discriminatory.

Employees and prospective employees may not be terminated, denied employment, or otherwise discriminated against for refusing to take a lie detector test. Employees and prospective employees may not be terminated, denied employment, or otherwise discriminated against for filing a complaint, testifying, or otherwise assisting with proceedings involving alleged violations of the requirements.

The rules do not apply to lie detector tests administered by any law enforcement agency, and they do not apply to psychological tests administered by a law enforcement agency to prospective employees of the agency. The rules do not apply to the United States and any subdivision of the United States. The rules do not apply if they conflict with or affect the application of security regulations in employment established by the United States or by the state.

Polygraph examiners

Lie detector tests detect deception or verify the truth of statements through the use of any psychophysiological measuring device, such as, but not limited to, polygraph tests and voice stress analyzers. Lie detector tests may not use any device that intrudes into any part or cavity of the body.

Hawaii does not have state-level polygraph examiner requirements. Examiners must meet the federal requirements at 29 CFR 801.26.

State

Contact

Department of Labor and Industrial Relations

Regulations

Polygraph protection

Haw. Rev. Stat. §378-2

Haw. Rev. Stat. §378-26

Polygraph examiners

Haw. Rev. Stat. §378-26

Haw. Rev. Stat. §378-26.5(5)

Federal

Contacts

U.S. Department of Labor, Wage and Hour Division

Regulations

29 CFR Part 801 §§801.1 – 801.75