Is It Legal To Employ Or Undergo A Lie Detector Test?

  • Posted on: 16 October 2017
  • By: admin

Now that the use of polygraphs or lie detectors is steadily increasing, it is beneficial to know the different legalities that are related to its use. There are companies that several manufactures and sell these devices. Who can purchase these polygraphs and administer tests? Are polygraph tests supposed to be required? Learning about polygraphs through law books can be a complicated process. To help employers and individuals, here is a brief rundown of legalities concerning polygraph tests. Learn about lie detector test on

Legality of Using Polygraphs In Private Companies

The Employee Polygraph Protection Act of 1988 regulates the use of polygraphs. It states that some companies cannot require the use of polygraphs tests from future or current employees. It also grants freedom for an individual to choose if they will undergo the lie detector test.

Companies of sensitive business are allowed to require polygraphs from their employees when confidentiality and credibility is a major concern. Companies that follow under security firms and pharmaceutical manufacturers, distributors, and dispensaries may require the use of lie detector tests. These exceptions are reasonable since security firms’ interests are on the physical security of the public, while pharmaceutical companies involve the health of the public. It is worth noting that tests administered by employers still have certain restrictions.

Legality of Using Polygraphs In Government Agencies

The EPPA (Employment Protection Act) only governs the private establishments and federal government agencies are allowed to require polygraph tests.

What Are The Rights Of An Individual Then?

As mentioned earlier, individuals are given a freedom to choose if they will undergo a polygraph test or not. This refusal should not be taken against the individual. This is the same for private companies, crime investigations, and court proceedings. Individuals must be completely informed however about the nature of the investigation and why a polygraph test is necessary.