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Lie detector tests, accept been all over the account lately. Reports suggest that Donald Trump wants to administrate these examinations to the absolute White House agents to yze the columnist of the anonymous New York Times op-ed.

There are no laws prohibiting the White House from appliance polygraph tests in this manner. The federal law that regulates their use in the abode — the Employee Polygraph Protection Act of 1988 — does not administrate to the government.

For private-sector employers, however, the EPPA imposes austere prohibitions on the use of any accessory to cede a ytic assessment as to the bluntness or artifice of an individual.

It prohibits administration from:

Despite these austere prohibitions, there are bound exceptions back an employer can administrate polygraph tests (but not added forms of lie detector tests).

One barring covers -to-be advisers of armored car and added agnate aegis companies. Another covers -to-be advisers of companies that accomplish controlled substances.

Of added accepted appliance to best employers, the third barring covers advisers who are ytic doubtable of captivation in a abode adventure that after-effects in bread-and-er accident to the employer and who had admission to the acreage that is the accountable of an investigation. Thus, an employer who ytic believes that an agent has baseborn is able to administrate a polygraph ysis to affirm the employee’s culpability.

Even if this barring applies, administration cannot use polygraph tests carte blanche. There are assertive key banned on their administration:

Employers that breach the EPPA are accountable to a civil money penalty of $20,521 per violation, in accession to acknowledged and candid abatement such as absent accomplishment and reinstatement, and, in the case of a clandestine civilian lawsuit, reasonable costs and attorneys’ fees.

Polygraph tests accommodate administration a able apparatus to affirm and accost agent assertive bound agent issues. Administration charge anxiously chase the EPPA’s requirements so that a slam-dunk abortion does not about-face into a cinch accusation for the employee.

Jon Hyman is a accomplice at Meyers, Roman, Friedberg & Lewis in Cleveland. Comment beneath or email [email protected] Chase Hyman’s blog at Workforce.com/PracticalEmployer.

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