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

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.

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 Protection Act. Such an examination must be conducted by a licensed polygraph examiner who must provide the employee or applicant with a copy of the examination results and all reports or analyses which are shared with the employer. The examiner may not ask certain prohibited questions, must inform the employee or applicant of all specific question areas to be explored, and must inform the employee or applicant of the following:

The employee or applicant has the right to accept or refuse the examination.
The employee or applicant has the right to halt an examination in progress at any time.
The employee or applicant is not required to answer any questions or give any information.

Any information the employee or applicant volunteers could be used against him/her or made available to the employer, unless otherwise specified and agreed to in writing.

Polygraph examiners

Polygraph examiners need to be licensed by the state Board of Forensic Polygraph Examiners. The qualifications for obtaining a license include that the person must be a U.S. citizen; at least 18 years old; not been under sentence for the commission of a felony within five years; have met certain educational and work experience requirements; provide his/her fingerprints to the Board, be a resident of the state, submit to an investigation by the Board, and pass an examination administered by the Board.