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Employee Polygraph Protection Act of 1988

Vida Scarpello


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Various lie detector tests, including polygraph testing , have long been used to investigate thefts and other industrial espionage against the employer (see Ones, Viswesvaran, and Schmidt, 1993 ). They have also been used to screen applicants for sensitive positions. Nevertheless, critics of these tests have pointed to the high rates of people incorrectly identified as having lied ( Tiner and O'Grady, 1988a, b ). Due to documented claims of invalid results, more than half of the states had passed laws limiting the use of lie detectors and other forms of honesty testing in employment ( Ledvinka and Scarpello, 1991 ). Given mounting evidence for the invalidity of polygraph testing, as well as the 1977 Privacy Protection Commission's report ( see Privacy Act of 1974 ), which focused attention on the relative lack of privacy protections in the work environment, Congress passed the Employee Polygraph Protection Act. With three exceptions, the Employee Polygraph Protection Act prohibits private sector employers from using polygraph tests in their employment practices. Government employers are exempted from the Act. Polygraph use is allowed: 1 in ongoing investigations; 2 in the hiring of security employees by security service organizations; and 3 in the hiring of employees by drug companies. The Act also prohibits employers from retaliating against anyone who exercises any rights ... log in or subscribe to read full text

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