By Evan Lange
Usually not. The federal Employee Polygraph Protection Act (EPPA) bars most private employers from requiring or even requesting a lie detector test from employees or job applicants, and from firing, disciplining or refusing to hire someone for refusing one or based on the results. There are narrow exceptions: polygraph tests during an ongoing investigation of a specific economic loss, such as theft, if strict conditions are met, and pre-employment tests for certain security firms and companies that handle controlled substances. Government employers aren’t covered. You can sue within three years of a violation for reinstatement, lost wages and benefits.
Cash shortages, missing inventory, a stolen laptop: when something goes wrong at work, some managers reach for a “lie detector” to find out who did it. In most private Houston workplaces, that’s against federal law, and so is punishing an employee who says no.
For most private employers, the Employee Polygraph Protection Act makes it illegal to:
“Lie detector” includes polygraphs and similar devices. The limited exceptions below apply only to polygraphs.
The employer must give you a written statement about the incident and why you’re suspected before the test, and it can’t fire or discipline you based only on the polygraph results or your refusal. It needs other supporting evidence.
Being accused is stressful, especially if HR is involved. See your rights in an HR investigation. If you were fired “for cause,” read termination for cause in Texas, and if a former employer is telling others you stole, see bad references and defamation. Workplace monitoring, like cameras and email review, has its own rules: see workplace surveillance laws in Texas.
Usually not. The federal Employee Polygraph Protection Act prohibits most private employers from requiring or requesting lie detector tests, with narrow exceptions for certain investigations, security firms and companies that handle controlled substances.
For most private employers, no. It is illegal to fire, discipline or refuse to hire someone for refusing a lie detector test or based on its results.
Only for an ongoing investigation of a specific incident causing economic loss, for employees who had access and are reasonably suspected, after giving a written statement. The employer cannot act based only on the results or a refusal.
The Employee Polygraph Protection Act does not cover federal, state or local government employers.
A lawsuit must be filed within three years of the violation. Remedies can include reinstatement, promotion, and lost wages and benefits.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review what happened and whether you have a claim for wrongful termination or retaliation.
A machine doesn’t decide whether you keep your job.
In most workplaces, the law says it can’t.
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