| Harassment, discrimination, and retaliation in the | | | | the discretion of the presiding judge. Though |
| workplace can occur in many different ways. | | | | decisions to allow these tests has been strongly |
| Some forms of harassment may be disguised as | | | | criticized by academics and appellate courts alike, |
| seemingly permissible actions, which are either | | | | the US Supreme Court has yet to issue a |
| unethical or illegal under further examination. An | | | | definitive ruling on the topic. |
| angry employer, for example, may attempt to | | | | Provision of the EPPA |
| force an employee to submit to polygraph or lie | | | | Under the EPPA, most private employers are |
| detector tests in an effort to discredit his or her | | | | barred from forcing employees or prospective |
| claim of harassment or discrimination at work. | | | | employees to submit to lie detector and/or |
| The Employee Polygraph Protection Act (EPPA) of | | | | polygraph tests, with certain exceptions, which |
| 1988 is a federal statute which shields employees | | | | include: |
| from frivolous, retaliatory, or overzealous abuse | | | | - Investigation of incidents such as theft, where |
| of lie detector and polygraph technology. | | | | the employee is under reasonable suspicion and |
| Admissibility and Controversy | | | | had access to the property in question; |
| In addition to providing a bulwark against the | | | | - Interviewing of prospective employees for |
| misuse of this technology, the EPPA is also a | | | | security firms engaged in protecting health and |
| legislative recognition of the fact that the use of | | | | safety operations, national currency, and/or |
| such tests is highly controversial in the justice | | | | national security; |
| system, and that no scientific consensus exists | | | | - Interviewing of prospective employees for |
| about the reliability of polygraph results. | | | | pharmaceutical and similar companies who have |
| Some advocates, for example, claim that | | | | direct access to controlled substances. |
| polygraphs have up to 95% accuracy, while critics | | | | If these exceptions do not apply, employers are |
| put estimates as low as 65%. The credibility of | | | | also forbidden by law from asking about the |
| results has also been called into question by | | | | results of a lie detector test taken by the |
| several high profile cases in which lie detectors | | | | employee or applicant, using the results of a lie |
| failed to serve their purpose. | | | | detector test as the basis for hiring, firing, or |
| Because of ongoing controversy, the admissibility | | | | changing the employment status of an employee, |
| of lie detector tests in court varies from | | | | or retaliate against an employee for claiming |
| jurisdiction from jurisdiction and is often left up to | | | | protection under the EPPA. |