Description
Employee Polygraph Protection Act (EPPA) Poster
Help satisfy federal workplace posting requirements with the Employee Polygraph Protection Act (EPPA) Poster. This 11 x 17-inch federal notice informs employees and job applicants about their rights and protections regarding employer use of polygraph and other lie detector tests.
Every employer subject to the Employee Polygraph Protection Act must post and keep posted the required notice in a prominent and conspicuous location where employees and applicants for employment can readily see it.
What Is the Employee Polygraph Protection Act?
The Employee Polygraph Protection Act of 1988 (EPPA) is a federal law that generally prohibits most private employers from requiring, requesting, causing, or suggesting that employees or job applicants take lie detector tests.
The law also restricts employers from using or asking about lie detector test results and protects employees and applicants from certain employment actions based on their refusal to take a prohibited test or their exercise of rights under the Act.
What Employee and Applicant Rights Does EPPA Protect?
Subject to limited exceptions, the Employee Polygraph Protection Act generally prohibits covered employers from:
- Requiring or requesting that an employee or job applicant take a lie detector test
- Using, accepting, referring to, or asking about the results of a prohibited lie detector test
- Discharging, disciplining, discriminating against, or denying employment or promotion to an individual for refusing to take a prohibited test
- Taking prohibited employment action because an employee or applicant exercises rights under EPPA
- Retaliating against an individual for filing a complaint, testifying, or participating in a proceeding involving EPPA rights
Does EPPA Prohibit All Polygraph Testing?
No. EPPA generally prohibits lie detector testing by most private employers, but federal law contains limited exemptions allowing certain polygraph examinations under specific circumstances.
Even when an exemption applies, employers must comply with strict requirements governing when a test may be requested, how the examination is conducted, what information may be obtained, and how test results may be used or disclosed.
When Can an Employer Use a Polygraph Test?
Subject to strict federal requirements, EPPA permits certain polygraph examinations in limited situations.
Examples can include:
- Certain prospective employees of armored car, alarm, and guard service companies
- Certain prospective employees of pharmaceutical manufacturers, distributors, and dispensers
- Certain current employees reasonably suspected of involvement in a workplace incident resulting in specific economic loss or injury to the employer
Employers should carefully review EPPA requirements before requesting or administering any polygraph examination.
Workplace Investigation Exemption
EPPA contains a limited exemption that may allow a private employer to request a polygraph examination from certain current employees as part of an investigation involving a specific workplace incident.
Among other requirements, the incident must generally involve economic loss or injury to the employer's business, the employee must have had access to the property involved, and the employer must have a reasonable suspicion that the employee was involved.
The employer must also provide the employee with a written statement containing specific information about the incident and the basis for requesting the examination.
Employee Rights When a Polygraph Examination Is Permitted
Even when an EPPA exemption permits a polygraph examination, employees retain important federal protections.
Applicable protections can include:
- Required written notices before the examination
- Limits on the questions that may be asked
- Standards governing the pre-test, testing, and post-test phases
- Restrictions on disclosure of test information
- Requirements applicable to the polygraph examiner
- Additional protections concerning adverse employment actions based on test results
Does EPPA Apply to Government Employers?
EPPA generally does not apply to federal, state, and local government agencies with respect to their public employees.
The Act also contains other exemptions and special provisions, including certain circumstances involving federal government polygraph examinations of employees of federal contractors engaged in national security intelligence or counterintelligence functions.
Who Must Post the EPPA Notice?
Every employer subject to EPPA must post and keep posted the required Employee Polygraph Protection Act notice.
The notice must be displayed in every establishment of the employer where it can readily be observed by employees and applicants for employment.
Where Should the EPPA Poster Be Displayed?
The EPPA notice must be posted in a prominent and conspicuous workplace location where employees and job applicants can readily see it.
Appropriate locations may include:
- Employee bulletin boards
- Employee entrances
- Human Resources areas
- Applicant or interview areas
- Break rooms
- Time-clock areas
- Other locations where workplace notices are customarily displayed
Because EPPA's posting requirement expressly includes applicants for employment, employers should ensure the notice is accessible to applicants as well as current employees.
Is There a Required Size for the EPPA Poster?
The U.S. Department of Labor does not establish a specific minimum poster size under EPPA. However, the notice must be posted prominently and conspicuously so that employees and applicants can readily observe and read it.
The official Department of Labor version is formatted to print as an 11 x 17-inch notice. This EPPA poster is also provided in an 11 x 17-inch format for clear workplace display.
Is a Spanish EPPA Poster Required?
The U.S. Department of Labor makes the Employee Polygraph Protection Act notice available in both English and Spanish. Federal EPPA requirements do not generally require employers to post the Spanish version.
Employers may choose to provide the Spanish notice when it helps communicate employee rights to Spanish-speaking workers or applicants.
Who Enforces the Employee Polygraph Protection Act?
The U.S. Department of Labor Wage and Hour Division (WHD) administers and enforces the Employee Polygraph Protection Act.
Employees and applicants who believe their EPPA rights have been violated may contact the Wage and Hour Division for information or assistance.
What Happens if an Employer Violates EPPA?
Employers that violate the Employee Polygraph Protection Act can be subject to enforcement action and civil money penalties. The Secretary of Labor may also seek legal and equitable relief for violations of the Act.
Employers should maintain the current required notice and ensure that any polygraph testing conducted under an EPPA exemption complies with applicable federal requirements.
Is the EPPA Poster Federally Required?
Yes, for employers subject to the Employee Polygraph Protection Act. Covered employers must post and keep posted the required notice explaining employee and applicant rights under EPPA.
The notice must be displayed prominently and conspicuously in every establishment where employees and applicants for employment can readily observe it.
Employee Polygraph Protection Act Poster Specifications
- 11"W x 17"H
- Portrait orientation
- Printed in full color
- Laminated with high-quality laminate
- Available in English and Spanish
- Federal employee and applicant rights notice
Federal Workplace Posting and Compliance Resources
Labor Law Compliance Center provides employers with federal and state labor law posters, employee rights notices, federal contractor postings, specialty posters, and compliance resources throughout the United States. Browse our Federal Labor Law Posters for additional individual federal workplace notices and compliance products.
