Federal & State Regulations | Employee Polygraph Protection Act (EPPA) - Illinois

State Info

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. Polygraph examinations during pre-employment examination may not include questions concerning the following topics unless they are directly related to the employment: religious beliefs, opinions regarding racial matters, political beliefs, labor organization activities or beliefs, sexual preferences or activity.

The examiner must provide the test results to the person examined within five days of receipt of a written request from the person examined.

Police and fire department officers may not be required to submit to a polygraph examination as part of any interrogation, except with the officer’s written consent.

Polygraph examiners

In Illinois, polygraph examiners must be licensed by the Department of Professional Regulation. The qualifications for obtaining a license include that the person must be of good moral character (consideration is given to convictions of a misdemeanor involving moral turpitude or a felony). He or she must hold a baccalaureate degree from an accredited college or university, have completed at six months of internship training, and pass a Department of Professional Regulation examination.

Only those instruments that record permanently and simultaneously cardiovascular, respiratory, and galvanic skin response patterns can be used. Instruments can additionally record other physiological changes.

A voice stress analyzer is prohibited for use in pre employment screening and for internal investigations.