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Author
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Topic: EPPA Question
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rarmstrong
Member
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posted 09-18-2012 10:51 AM
 
Does anyone have any information on new Federal case law regarding a requirement to provide government employees with written notification that they have the right to terminate the poly? Supposedly it also requires some written notification to the government employee regarding health conditions that may effect the test and their right to refuse the test based on health conditions. I know EPPA does not apply to government agencies, but supposedly this new case law is based on the EPPA requirements. IP: Logged |
Ted Todd
Member
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posted 09-18-2012 10:56 AM
Send me an email and I will send you the info. THERE IS A LOT OF BAD INFO OUT THERE. This will be a training topic at the next CAPE metting. Look back a few threads on this site. There was a good discussion on EPPA. Bottom line, EPPA or not, if the examinee says stop the test at any time, the test is over!Ted IP: Logged |
rarmstrong
Member
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posted 09-18-2012 11:54 AM
Ted,
I tried to E-mail you but it came back as undeliverable. I am a police examiner with the Colorado Springs Police Department. I did a test on a city employee in support of an IA case. I was scheduled to testify at a termination hearing today, but the subject decided to retire today. The defense attorney was willing to talk to me about his planned cross examination, so I took the opportunity to prepare for next time. He asked me about EPPA, and when I told him that it did not apply, he brought up some new federal case law based on EPPA that requires written notification of the examinee's right to refuse based on health conditions and their right to terminate the test. He didn't have his notes, so could not give me the citation. I give the examinee an oral advisement, but don't give a written advisement other than Garity. My e-mail address is armstrro@ci.colospgs.co.us anything you can provide regarding this new requirement will be appreciated. My city attorney was unaware of the new case law.IP: Logged |
Ted Todd
Member
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posted 09-18-2012 03:10 PM
Check out this site:
http://www.compliance.gov/wp-content/uploads/2010/05/Polygraph.pdf Please feel free to call me as well:707-334-5897. Ted IP: Logged |
rarmstrong
Member
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posted 09-18-2012 04:04 PM
This may be what he was talking about, but after reading it, I don't think that it applies. My understanding is it covers employees of the US Senate, House of Reps and their supporting offices. It doesn't sound like it covers employees of podunk police departments. Am I wrong?IP: Logged |
Ted Todd
Member
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posted 09-18-2012 04:29 PM
It covers EVERYONE who is protected under EPPA.Ted IP: Logged |
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