Can an Employer Require a Lie Detector Test?

Under California law, the answer is “no,” and under federal law it’s “probably not.” But some employers still want to give employees a polygraph, lie detector, or similar test. In California, no private employer may demand or require any employee or job applicant to submit to or take a polygraph, lie detector, or similar test as a condition of employment or continued employment. Lab C §432.2. But that doesn’t mean they can’t ask—as long as the employee is first advised in writing about his or her rights under Lab C §432.2. Under federal law, the Employee Polygraph Protection Act of 1988 (EPPA) (29 USC §§2001–2009) greatly limits an employer’s ability to polygraph employees. Use of polygraphs as a screening device for job applicants is banned for private employers in most industries. 29 USC §2006(e)–(f). There are potentially steep penalties for violations of the Act (up to $10,000, plus…

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