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

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 as a condition of employment or continued employment that an applicant or employee takes a polygraph test.

As with the federal requirements at 29 CFR Part 801, a Nevada employer may ask employees or applicants to take a polygraph test if:

Employees are asked to be examined only if the examination concerns a specific investigation.
Applicants would be employed to protect: facilities, materials, or operations that have a significant impact on the health or safety of the state; currency, negotiable securities, precious commodities or instruments, or proprietary information.
Applicants would be employed where the primary business is to provide armored car personnel; personnel engaged in the design, installation, and maintenance of security alarm systems; or other security personnel.
Applicants would be employed where the employer is authorized to manufacture, distribute or dispense a controlled substance, and the potential employee would have direct access to the manufacture, storage, distribution or sale of any controlled substance.
Examination results are not the sole basis for adverse employment actions.

Polygraph examiners

Polygraph examiners need to be licensed by the Private Investigator’s Licensing Board. The qualifications for obtaining a license include that the person must be at least 21 years old, a U.S. citizen or legal resident, never have been convicted of a felony or misdemeanor involving moral turpitude or weapons, have met certain educational and work experience requirements, and have completed an approved course of instruction.