b'Employee Polygraph Protection ActWho, What, Why . . . Who does it apply to: Employee Polygraph Protection Act ofinvestigation; and (4) before the test, the employer executes 1988 (EPPA) applies to virtually every employer who might thinka statement to the employee that specifies the scope of the of giving a polygraph test as a prerequisite to hiring or to aninvestigation and the specific loss being investigated, states existing employee.that the employee had access to the property, and describes the reasonable suspicion and basis for testing particular employees.What does the law prohibit: Employers cannot require, request, suggest, or cause an employee to take a polygraph or lie- Are there requirements for the test: If an employer meets one detector test. of the exceptions, he or she cant just roll up their sleeves and pull out their handy-dandy deceptograph. There are a myriad What about a test by someone else, like the police: Employersof requirements for the test itself. Among them is a requirement are also prohibited from using, accepting, or inquiring aboutthatyouusealicensedpolygraphexaminer.Inadditionto the results of a test taken by someone else. thepolygraphexaminer,anemployershouldreallyconsult with their lawyer before testing to make sure they meet all the Howcananemployertreatanemployeewhorefusestorequirements, which are simply too long and boring to list here.volunteer for a test: This is covered too, employers cannot discriminate against or refuse promotion, etc., to any employeeCommon Situations:who refuses a test.Police test: SuperFast-Mart is robbed right as it is about to Can I get around the general rule: With all these prohibitions,transfer its receipts from a three-day weekend to its armored-you might wonder why I even wrote on this topic. Alas, there arecar service. Police investigators suspect an employee helped five exceptions: plan the robbery and is in for a cut. They interview Suzy QuickYou are investigating a crime in your business and meet allwho protests her innocence and offers to take a lie detector of the requirements; test for police. After the test, the police investigator makes an You are an FBI contractor; unsolicited call to SuperFasts owner to let him know Suzy has You are in the business of providing security services forfailed the test miserably. The owner then decides to let Suzy go sensitive facilities or armored cars; based on a lack of trust for Suzy as an employee. Is SuperFastYoumanufacture,dispense,ordistributecontrolledpotentially liable to Suzy for violating the EPPA? It depends.substances; orIf the unsolicited information from the police was a factor in You are a public employer, such as the government.SuperFasts decision, yes. Even though Suzy is a criminal, the law says SuperFast could be liable.Whataretherequirementsforthecrimeexception:(1)the employer is investigating a crime that involves monetary loss orRecord voice and test later: The owner of Bobs VCR Shop injury to the employers business, such as theft, embezzlement,decides that he has a way to sneak around the EPPA and its misappropriation, or an act of unlawful industrial espionage orexceptions.Hell video record a meeting with the employee and sabotage; (2) the employee had access to the property that is thehave it analyzed later by a polygraph examiner. A polygraph subject of the investigation; (3) the employer has a reasonableexaminer would tell Bob hes out of luck because polygraph relies suspicion that the employee was involved in the incident underupon blood pressure, pulse, respiration, and skin conductivity85'