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

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. Employers may not require as a condition of employment or continued employment that an applicant or employees take a polygraph examination.

The employee or applicant must sign a written notice (that includes the name and address of the Tennessee Private Investigation and Polygraph Commission) stating that he or she:

Consents voluntarily to the test.
Has a right to refuse to take the test.
May refuse to answer any question.
May terminate the test at any time.
Has a right to receive a copy of the written test results.
Has the right to make his or her own recording of the test.

The results of a lie detector test may not be the sole basis for employment action. In addition, at any hearing or other employment procedure in which an employee is entitled to due process, no employer shall introduce the results of a voice stress analysis performed on an employee to prove misconduct by the employee.

Polygraph examiners

Polygraph examiners need to be licensed by the Tennessee Private Investigation and Polygraph Commission. The qualifications for obtaining a license include that the person must be at least 21 years old, a U.S. citizen, never have been convicted of a felony or misdemeanor involving moral turpitude, have met certain education and work experience requirements, have passed a written examination administered by the Commission.

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