Many of us are used to only seeing “lie detectors” on television shows, usually dramas. So when an employer or business asks you to take a polygraph examination, it may come as a surprise and you may be protected under the Employee Polygraph Protection Act (EPPA) from having to take it.
Polygraphs or “lie detectors” are machines that read several measurements at once on a person: breathing rate, heart rate, blood pressure levels, and responses in the skin. These levels are then used to determine the physiological stress levels at different intervals of the questioning process. The transcript is then looked at by a polygraph examiner who is the ultimate decider on whether or not the employee (or subject) is telling the truth. Much controversy arises from this last step because there is a chance of error in reading the results.
The EPPA has established specific polygraph testing and restricting guidelines for many private employers under federal law. These standards are not required of government entities, federal government-affiliated businesses or agencies, public school employees, or anybody employed with or a part of a correctional facility. This means that any person under this umbrella can be asked by their employer to take a lie detector test.
Most private employers, however, cannot ask the same of their employees unless certain conditions apply. If the employee refuses to take the polygraph test, he or she cannot be fired, disciplined, or be discriminated against for not doing so.
Commercial businesses that can be permitted to use a polygraph test under the EPPA guidelines are:
-Security service companies such as security guard or alarm services
-Businesses affiliated with the manufacturing and distribution of pharmaceuticals
-Businesses whose employees are likely suspects in an incident of theft in the workplace that caused a financial loss to the employer
Certain standards must be met for a polygraph such as the way in which the test will be handled before the test, during the test, and after the test. Of course, the polygraph examiner must also be licensed and be professionally insured.
Many employers exercise rights that they do not have at the expense of their employees. If you or someone you know would like more information on polygraph tests, EPPA guidelines, or how both these items relate to your rights as an employee, contact the Houston employment lawyers of the Ross Law Group.
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