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EMPLOYMENT TESTING

Employers are permitted to request that employees submit to a polygraph exam under some specific conditions, as provided for by Federal Law. There are two types of exams typically used by employers, the Specific Loss Exam and the Pre-Employment Exam.


SPECIFIC LOSS EXAM


Questions must be limited to the specific loss only. The examiner is not permitted to ask questions about losses other than those listed in the notification form.


PRE-EMPLOYMENT EXAM


Prior to 1988 many businesses required their prospective employees to take and pass a polygraph test. Since these new laws were passed, only the following businesses are permitted to request pre-employment polygraph exams-

 

  1. SECURITY COMPANIES
  2. PHARMACEUTICAL SALES OR TRANSPORTATION COMPANIES
  3. POWER GENERATING COMPANIES
  4. Law Enforcement Agencies
  5. Other Government Agencies

 

THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988

 

GPN examiners are available for all EPPA exams. Contact us for special rates for these types of exams.

 

The Employee Polygraph Protection Act of 1988 (U.S. federal law) establishes that the following requirements be met for an employee to take a polygraph exam, with severe penalties for violations. These requirements are not required for the exempted industries noted above.

1. The employer must have suffered a specific economic loss, either through theft, vandalism, embezzlement, or other misappropriation of money or property. The loss must be specific and identifiable. General losses or shrinkage do not qualify.

2. The employee to be tested must have had access to the missing/lost/damaged property.

3. There must be a "reasonable suspicion" that the employee was involved in the loss. Access to the property alone is not sufficient to warrant a polygraph request. This "reasonable suspicion" can be established in many ways, including commission of similar acts in the past, statements of witnesses, suspicious behavior, or other evidence which increases the likelihood of the employee's involvement. The employer may conduct an investigation (by in-house investigators or an outside agency) which results in a conclusion of this "reasonable suspicion" which may be used for the purpose of requesting a polygraph.

4. The employer must contact a polygraph examiner to tentatively schedule the exam.

5. The employer, having met the above requirements, may then make a request in writing that the employee take the exam. We can provide a form for such requests. This request must advise the employee that the exam is voluntary and that no action can be taken against him/her solely for refusing to take it. The employee must also be advised of the incident under investigation, his/her legal rights,and a number of other notifications required under the law. This request must also include the date, time and location of the scheduled exam. This request must be presented to the employee at least 2 business days prior to the scheduled exam.

 

6. If the employee refuses to take the exam, the employer may take no "adverse employment action" against the employee as a result of this refusal.

 

If an employee "fails" a polygraph under these conditions, the employer still may not take action against the employee without additional supporting evidence indicating the employee's involvement in the loss.