The short version for US private-sector workers
If you work for a private employer in the United States, the starting point is that your employer cannot make you take a polygraph. The federal Employee Polygraph Protection Act, usually called the EPPA, bars most private employers from requiring, requesting, suggesting or causing an employee or job applicant to take a lie detector test.
The Act has exceptions, and it does not cover everyone. The rest of this guide explains who is protected, who is not, and what your rights are if you are asked to take a permitted test. It covers US federal law only. Other countries, and some US states, have different rules, and this is not legal advice.
What the EPPA prohibits
According to the US Department of Labor, covered employers cannot:
- Require, request, suggest or cause a polygraph or other lie detector test, whether for hiring or during employment.
- Use, accept, refer to or ask about the results of such a test.
- Fire, discipline, discriminate against or threaten you for refusing a test, for the results, for filing a complaint, for testifying or for exercising your rights under the Act. This includes denying hiring or promotion.
Who is not protected, and the exceptions
| Category | What the Department of Labor says |
|---|---|
| Government employers | Federal, state and local governments are excluded. Federal tests of employees of federal contractors in national security intelligence or counterintelligence functions are also exempt. |
| Economic-loss investigations | A private employer may test an employee reasonably suspected of involvement in a workplace incident that caused economic loss, if the employee had access to the property concerned, and the employer gives a statement describing the incident and the basis for the suspicion. |
| Security services | Armored car, security alarm and security guard firms protecting certain health, safety, national security or currency-related operations may test prospective employees. |
| Pharmaceutical and controlled substances | Employers may test prospective employees who will have direct access to controlled substances, and current employees with access to the subject of an ongoing investigation. |
These exceptions are narrow and come with conditions. If you are told one applies to you, ask in writing which one, and why.
Your rights if a permitted test is requested
- Written notice.You are entitled to written notice of your rights and the limits on testing, including prohibited questions and restrictions on use of the results.
- The right to refuse or stop.You can refuse to take a test and can end a test at any time. You can also decline if you have a qualifying medical condition.
- Limits on who sees the results.Results may only go to the employer and you, or to others with your consent or under a court order, such as a court, government agency, arbitrator or mediator.
- A qualified examiner.Examiners must hold any license their state requires and carry a $50,000 bond or professional liability coverage.
- Standards for the whole process.The Act sets rules for the pre-test, testing and post-test phases of any permitted polygraph.
What to do if you are asked to take a polygraph at work
- Stay calm and do not agree on the spot. Say you would like it in writing and need time to understand your rights.
- Ask which rule allows it. Which exception applies, and what specifically is being investigated.
- Do not sign what you have not read. Ask for time.
- Document everything. Dates, who asked, what was said, and anything said about consequences.
- Do not admit to anything untrue. If you are unsure, say you want advice first.
- Speak to an employment lawyer promptly. Deadlines apply, and the facts of your job and employer decide what rules apply.
If a test has already gone badly
If you were tested and the result is bad, or if you suspect the test should not have been requested at all, write down what happened and look at your options. Start with what to do after failing while telling the truth, and see how to appeal a failed polygraph. For the reliability issues behind all of this, see the National Research Council's findings summarised in how accurate a polygraph really is. Public-sector hiring works differently; for police applicants see the police hiring polygraph.
This guide summarises the US Department of Labor's fact sheet on the EPPA and is general information, not legal advice. Laws change and vary by state and by country.
Frequently asked questions
Can my employer make me take a polygraph in the US?
Can I be fired for refusing a polygraph?
When can a private employer legally use a polygraph?
What rights do I have if I am asked to take a permitted test?
How long do I have to take legal action?
Sources
Unsure what applies to your situation?
Rules depend on your employer, your role and your location. In a private 1-on-1 session we map what is being asked of you and what to check next. For a legal opinion, a lawyer is the right person.