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The Employee Polygraph Protection Act and Alabama

What is the Employee Polygraph Protection Act and does it impact my Alabama company?

The Employee Polygraph Protection Act (EPPA) is a federal Act that applies to companies in states across the country, including your Alabama company. Under the terms of the EPPA, your company is prohibited from using lie detector tests for pre-employment screening or while your employees are employed by your company.

As an employer, if you ask your employees to take lie detector tests then you have already violated the terms of the Act. However, if you discipline or punish your employees in any way for refusing to take a lie detector test, then you are also violating the Act. Remember: as an employer, you are barred from requiring or requesting that an employee or potential employee take a lie detector test. Furthermore, if you discharge, or discriminate against an employee or a job candidate because they refuse to take a lie detector test, then you are guilty of violating the Act.

Also, as an employer, you should be aware that if you know that an employee has taken a lie detector test, you may not inquire about the results of that test. If you are able to obtain the results, you are not allowed to discriminate against or discharge an employee or a job candidate based on the results of the test. 

However, according to the Act, there are some situations in which a lie detector test is permissible. For example, if you have a company that requires certain levels of clearance or security, then you may be able to administer a test. Many security companies and pharmaceutical companies will administer lie detector tests to their employees or job candidates. 

If your company is private, then you may be able to administer a lie detector test after there has been an incident in the company involving a theft or related illegal activity. In the event that a polygraph is allowed in your company, then there are strict regulations regarding its administration and the handling of the results.

This entry was posted on Friday, September 7th, 2007 at 11:37 pm and is filed under
Benefits, Hiring and Staffing, Human Resources Management, Labor Laws, Management / Leadership Development.
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