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

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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. Employers may not require or request as a condition of employment that an applicant or employee take a polygraph examination. These rules have exceptions for law enforcement agencies screening candidates for employment.

An employee may voluntarily request a polygraph examination in connection with his employment, and an employer may use or refer to the results of the requested examination if the results are not used against the employee by the employer. When an employee requests a polygraph examination, the employer must provide the employee with a copy of the state’s Polygraph Examiners Act. Such an examination must be recorded or a witness of the employee’s choice must be present, or both, as requested by the employee.

Polygraph examiners

Polygraph examiners need to be licensed by the Maine Department of Public Safety. The qualifications for obtaining a license include that the person must be at least 21 years old, a high school graduate, have completed a polygraph course approved by the state, have completed a 6-month internship, have never been convicted of a crime moral turpitude, and pass an examination administered by the state.