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What limited federal protections may apply if an employee refuses a lie detector test?

United States — limited federal general information

Published · Reviewed by Ahmad Sulaiman

Short answer

For a covered private employer, the Employee Polygraph Protection Act (EPPA) generally prohibits firing, disciplining, discriminating against, or threatening an employee or prospective employee for refusing a lie detector test. The 2023 statutory text says that an affected employee or prospective employee may maintain a civil action in a federal or state court of competent jurisdiction, but government employers are excluded and the Act has exceptions, including limited polygraph requests connected with certain ongoing investigations and certain security or controlled-substance settings. This is only a limited federal overview: it does not determine coverage, an exception, state or local rules, a filing deadline, a court, or an outcome; the 2023 statutory text's currentness as of October 25, 2026 is unresolved. [1] [2] [3] [4]

Sources

  1. [1] 29 U.S.C. section 2002 Prohibitions on lie detector use, 2023 Edition
  2. [2] 29 U.S.C. section 2005 Enforcement provisions, 2023 Edition
  3. [3] 29 U.S.C. section 2006 Exemptions, 2023 Edition
  4. [4] 29 CFR Part 801 Application of the Employee Polygraph Protection Act