Employee Polygraph Protection Act (29 U.S.C. s. 2001) (29 C.F.R. 801)

• Employers cannot:
• require, request, suggest or cause any employee or prospective employee to take or submit to any lie detector test;
• use, accept, refer to or inquire concerning the results of any lie detector test of any employee or prospective employee;
• discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against:
• any employee or prospective employee who refuses, declines or fails to take or submit to any lie detector test; or
• any employee or prospective employee on the basis of the results of any lie detector test;
• discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or prospective employee because:
• such employee or prospective employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter;
• such employee or prospective employee has testified or is about to testify in any such proceeding; or
• of the exercise by such employee or prospective employee, on behalf of such employee or another person, of any right afforded by this statute. (29 U.S.C. s. 2002)


• This statute is enforced by the Secretary of Labor. (29 U.S.C. s. 2004)


• For violations of this statute the Secretary of Labor may assess a civil penalty of not more than $10,000 and/or seek an injunction. (29 U.S.C. s. 2005(a) & (b))


• For violations of this statute employees or prospective employees affected by such violation may sue in State or Federal court for such legal or equitable relief as may be appropriate, including employment, reinstatement, promotion and the payment of lost wages and benefits, within 3 years of the alleged violation. (29 U.S.C. s. 2005(c))


• Exemptions are provided for drug companies; the statute allows pre-employment testing of security guards and employees who will have direct access to controlled substances. The statute also exempts testing for national defense or security reasons. (29 U.S.C. s. 2006)


• This statute is less protective of employees' rights than the Massachusetts counterpart. (M.G.L.c. 149, s. 19B)