Ace Employment Law 2025 – Unlock Your Legal Know-How!

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Which of the following is NOT true regarding the Employee Polygraph Protection Act?

It applies to voice stress analyzers, mechanical and electronic truth determining devices as well as polygraphs.

It only applies to private sector employers (not to governmental agencies).

It prohibits the use of polygraphs by private sector employers for any reason.

The Employee Polygraph Protection Act (EPPA) is a federal law that significantly restricts the use of polygraph tests in employment settings. The statement that it prohibits the use of polygraphs by private sector employers for any reason is incorrect. While the EPPA does impose strict limitations on the use of polygraphs, it does not completely ban them. There are specific circumstances in which private employers are allowed to use polygraph testing, particularly in connection with certain types of employment where issues of security and theft may arise, like for certain positions in security services or where employees have access to controlled substances.

The other statements about the EPPA clarify its scope and limitations while maintaining the distinction that the law does not impose an outright ban on the use of polygraphs. The act does apply to various truth determination devices, but only under specific regulations. It applies exclusively to private sector employers and specifically excludes governmental agencies from its regulations. Lastly, the act explicitly states that it does not apply to or prohibit pencil and paper honesty tests, allowing for their continued use without the same restrictions that apply to polygraphs and other electronic devices.

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It does not apply to, or prohibit, pencil and paper honesty tests.

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