EPPA Question - Polygraph Place Bulletin Board

Thanks for stopping by our bulletin board.
Please take just a moment to register so you can post your own questions
and reply to topics. It is free and takes only a minute to register. Just click on the register link

Polygraph Place Bulletin Board

Professional Issues - Private Forum for Examiners ONLY

EPPA Question

profile | register | preferences | faq | search

next newest topic | next oldest topic

Author	Topic: EPPA Question
rcgilford Member	posted 03-22-2009 07:11 AM I’d like to get some feedback about EPPA. The employer has to jump through hoops when they have an economic loss if they want a polygraph test done on an employee. But, what are the restrictions with respect to law enforcement requesting an employee who is a suspect. Are there any court rulings or opinions from the Department of Labor in this area? EXAMPLE: Joe’s Widget Co is missing a deposit that an employee was supposed to have made in the bank and the employee claims the deposit was made. The company manager reports the loss to law enforcement and the matter is investigated by the police. AT NO TIME DOES THE MANAGER OR EMPLOYEE MENTION OR DISCUSS POLYGRAPH. However, the police ask the employee to submit to a polygraph test. Does EPPA still apply? It is my understanding that it does not if this person is a viable and legitimate suspect based upon the police investigation. In my view, IF the employer brings up polygraph, or the employee requests to the employer that they take a polygraph test, EPPA would be an issue and would apply. Occasionally, I will run into this situation. I routinely warn detectives not to mention polygraph to the employer when investigating these matters and then instruct them in my final report not to disclose the test results to the employer, unless they have an extra $10,000.00 they can part with. Comments? IP: Logged
Buster Member	posted 03-22-2009 07:19 AM I think I asked this exact question about a year ago and worked on a very similar case. I am sure I will be corrected, but I beleive that --under those circumstances-- the test will be fine. I think someoone mentioned to me to make sure that the employer does not obtain the results of any of the tests. The problem I ran into was that the polygraph results and rumours do get out, not by the police obviously, but by the examinee and other employees---which we can not control. [This message has been edited by Buster (edited 03-22-2009).] IP: Logged
wjallen Member	posted 03-22-2009 08:10 AM EPPA allows for passive participation by the employer. The employer can report the loss to the police and the employer can be aware the police have requested a polygraph but must not actively participate. The employer may allow the police to test on his premises or allow employees to leave work for a scheduled test. They must not pay for the prodedure or receive or act on the results. IP: Logged
Barry C Member	posted 03-22-2009 11:41 AM That last sentence is very important. They can't act on the results - even truthful results. That is, if a truthful result causes them to refocus on somebody else now, then they've used polygraph results, which the law prohibits. (Dumb, I know, but EPPA was designed to put an end to polygraph in that arena.) Even if the employer asks for polygraph, that doesn't tie the police's hands. Simply tell the employer that is a police decision and you will make it based upon your investigation (and tell them about EPPA). In other words, keep the LE decision cleanly away from an employer's desires. IP: Logged
rcgilford Member	posted 03-22-2009 01:14 PM I think these responses answer my question. Thanks for the input. IP: Logged

All times are PT (US)	next newest topic \| next oldest topic
Administrative Options: Close Topic \| Archive/Move \| Delete Topic
	Hop to:

Contact Us | The Polygraph Place