EMPLOYEE POLYGRAPH PROTECTION ACT

(EPPA)

Section 801.12 of the Federal Registrar 1988

CAN I AS AN EMPLOYER ASK AN EMPLOYEE TO TAKE A POLYGRAPH TEST?

 Yes, under certain conditions an employer may request that an employee submit to a polygraph examination. The provided information will guide you as an employer with the necessary steps in order for you, the employer, to ask an employee to take a polygraph test. All guidelines must be met and should be strictly adhered to in order to avoid any unnecessary legal actions against the employer and business.

THE FOLLOWING QUESTIONS MUST BE ANSWERED AS "YES" BY THE EMPLOYER IN ORDER FOR A EMPLOYEE TO BE ASKED TO SUBMIT TO A POLYGRAPH TEST:

1)     IS THE PERSON IN QUESTION A PRESENT EMPLOYEE?

2)     DO I HAVE A POSTER DISPLAYED AT WORK FOR ALL MY EMPLOYEES TO REVIEW  THE EPPA RULES?

•  I must display a poster that shows the guidelines of the EPPA for all employees to see.  

 3)     AS AN EMPLOYER DO I HAVE A LOSS OR INJURY? 

• Can I document an ongoing investigation that will identify specific economic loss or injury to my company? Loss can be direct or indirect. Examples of direct loss are: Theft, Embezzlement, misappropriation. Indirect loss would be money laundering.

 4)     AS AN EMPLOYER DO I HAVE A LEGITIMATE ONGOING INVESTIGATION?

•  Does my company have an internal ongoing investigation that is being conducted and will show a specific loss or injury?

 (a) DOES THE PERSON IN QUESTION HAVE ACCESS?

•  Does the employee who is  being investigated have access to the target areas, objects missing or equipment related to the loss or injury under investigation?

 (b)  IS THERE REASONABLE SUSPICION THAT A SPECIFIC PERSON COMMITTED THE CRIME?

•  As an employer, I must be able to verbalize in detail reasonable suspicion, which has been determined through the ongoing investigation that will show why I, as an employer, suspects an employee of causing the loss or injury.

 (c) HAVE I INCLUDED ALL POTENTIAL NAMES OF SUSPICIOUS INDIVIDUALS ON A LIST?

•  You, as the employer, shall provide to the polygraph examiner every potential suspicious individual on a list. This list should include all the employees that had access to the targeted site in question or any employee who had knowledge of the loss or injury.