Privacy Law Library

Employee Polygraph Protection Act of 1988

EPPA

Employees

EPPA generally bars private employers from requiring, requesting, or using lie detector tests on employees or job applicants, or taking action based on results or refusal. A limited exception allows polygraphs during ongoing investigations of economic loss, with strict procedural protections and confidentiality of results.

Where
Federal
Citation
29 U.S.C. 2001-2009; 29 CFR Part 801
Status
In force
In force since
1988-12-27
Last amended
2025-01-15
Enforced by
U.S. Department of Labor, Wage and Hour Division; private plaintiffs
People can sue
Yes
Penalties
Civil penalties up to $10,000 per violation (inflation-adjusted by DOL); employees may sue for legal and equitable relief, including reinstatement, back pay, and fees.
Applies to
  • Private employers engaged in or affecting commerce (federal, state, and local governments are exempt; limited exemptions for security firms, drug manufacturers, and national security contractors)

What a privacy notice must say

  • Post the Department of Labor's EPPA notice prominently on the premises.29 U.S.C. 2003; 29 CFR 801.6

Practices it requires

  • Do not require, request, suggest, or cause an employee or applicant to take a lie detector test, or use or inquire about results.29 U.S.C. 2002(1)-(2); 29 CFR 801.4
  • Do not discipline, discharge, or refuse to hire anyone for refusing a test or based on results.29 U.S.C. 2002(3)
  • Keep polygraph information confidential and disclose it only as the Act allows.29 U.S.C. 2008

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: 29 U.S.C. 2003 and 2008 were cited without being fetched | last_amended is the latest eCFR version date for 29 CFR Part 801 (likely the annual civil penalty inflation adjustment; content not reviewed) | Current inflation-adjusted penalty amount not checked

Research reference, not legal advice.