11.4 Polygraph Testing

Your client may complain about “lie detector” testing, a less ubiquitous employer tool. The Employee Polygraph Protection Act (EPPA) prohibits most—but not all—non-governmental employers from using polygraph tests either for pre-employment screening or during the course of employment, with some stated exceptions.1  The law is enforced by the DOL which may seek injunctive relief or penalties. Employees may also bring a private action within 3 years of a violation for back pay, benefits, reinstatement, and other relief. Unlike many other states, Louisiana has no state counterpart and attempts to gain employment relief from negligent or even forced testing have been unsuccessful.

• 129 U.S.C. § 2001, et seq.