Suppose you suspect an employee of wrongdoing. Can you force him or her to take a lie detector test? Although the law is not exactly crystal clear in this area, you can only impose such a requirement under certain conditions. For example, under the Employee Polygraph Protection Act (EPPA), the testing must be related to an ongoing investigation of theft, embezzlement, misappropriation of funds, or industrial espionage or sabotage.
In other words, you must have a reasonable suspicion that the employee is involved in an illegal activity. You cannot randomly use testing without provocation.
New case: A mining company suspected that a group of employees were involved in theft and drug-dealing activities. The company promptly notified these employees that they would be fired. But the company relented when—based on the suggestion of the union representative—it agreed to reinstate those employees who passed a lie detector test.
Some of the employees decided to refuse the lie detector offer. Then they sued the company, alleging that it was violating the EPPA by using the tests for reinstatement. Result: The Eleventh Circuit Court ruled in favor of the company. The Court said that the law allows employees accused of theft to be tested by polygraph. With respect to the drug-dealing activities, the request was permitted because it was suggested by the union representative.
Even if a lie detector test is allowed, you must provide notice of the process and an explanation of the circumstances. Maintain a file for your own protection.
