Can employees be penalized for refusing to take a lie detector test?
Asked by: Mrs. Yoshiko Marquardt | Last update: February 10, 2026Score: 5/5 (63 votes)
No, under the Employee Polygraph Protection Act (EPPA), most private employers cannot penalize, fire, or discipline employees for refusing a lie detector test; they are prohibited from even requesting employees take one, with narrow exceptions for specific theft investigations or security/pharmaceutical roles, though government employers and certain other federal roles are generally exempt.
Can an employee be forced to take a polygraph test?
Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test or for exercising other rights under the Act.
What happens if you refuse a polygraph test?
Yes, in most cases, you can legally refuse a polygraph test. In criminal investigations, you have the right to remain silent and avoid self-incrimination under the Fifth Amendment. This means you are not legally required to take a polygraph test, and law enforcement cannot force you to do so.
Can an employee be forced to take a lie detector test?
Firstly, the employer cannot force any employee to submit to such a test. Refusal to do so does not indicate guilt and is also not necessarily grounds for dismissal. Preferably, the employer should obtain written consent. Secondly, the employer should agree with the Polygraphists on the questions to be asked.
Who is exempt from the employee polygraph protection act?
Exemptions. Federal, state and local governments are excluded. In addition, lie detector tests administered by the Federal Government to employees of Federal contractors engaged in national security intelligence or counterintelligence functions are exempt.
The ONLY Way to Outsmart a Polygraph Test
Does the 4th Amendment apply to employers?
Generally the law does not protect private-sector employees from workplace searches by their employers. For the Fourth Amendment to protect any individual from government searches, the government must cross a judicially constructed threshold.
What states banned polygraphs?
California stands out for its absolute ban on polygraph testing, even for roles that fall under EPPA exemptions at the federal level. Under California Labor Code Section 432.2, employers cannot require, request, or suggest polygraph tests for any position—including armed security guards.
Is it mandatory to take a lie detector test?
In California, the police cannot require you to take a polygraph test if they charge you with a crime. Taking a polygraph test is voluntary and not a requirement. You have the right to refuse to take a polygraph test without facing any legal consequences.
Can anxiety affect a lie detector test?
Examiners are only interested in changes to the person's normal pattern. While examiners take steps to reduce the jitters most examinees experience, there is no evidence that anxiety itself causes truthful people to fail or deceptive people to pass polygraph testing.
When can an employer legally ask an employee to take a lie detector test Quizlet?
This law restricts employers from using lie detectors whenever they want, except in certain circumstances. One of the exceptions for when employers can require employees to submit lie detector tests is when the test is needed during an ongoing investigation into a crime.
Can you say no to a lie detector test?
You Have a Constitutional Right to Remain Silent:
You don't have to participate in any questioning or testing, including a polygraph. In fact, refusing to take a polygraph is often the best move.
Can a truthful person fail a polygraph test?
Yes, a truthful person can absolutely fail a polygraph test because these devices measure physiological stress responses (like heart rate, blood pressure, sweat), not lies, and high anxiety from being truthful or nervous can trigger a "deceptive" reading, leading to false positives, especially for innocent people who believe the machine works. Polygraphs aren't 100% accurate and can be fooled by countermeasures or by individuals with low anxiety, like psychopaths, who can pass while lying.
Why would someone refuse to take a lie detector test?
Everyone is different in their physiological response to the polygraph exam. Some people are naturally nervous, even if they don't suffer from anxiety-related disorders. If an employee doesn't prepare properly for the exam, they're likely to put themselves at risk of failing the process.
What happens if an employee refuses to take a drug test?
Non-DOT: Under general employment drug testing guidelines, refusal to submit to a drug or alcohol test is typically treated as a policy violation, which may result in disciplinary action, up to and including termination, based on the employer's internal policies.
Can the court make you take a lie detector test?
Consequently, although polygraphs continue to be employed in criminal investigations and court cases, California law limits their use in court proceedings. In other words, a polygraph test can be admitted into evidence in court only if all parties agree to its admission.
Is it legal for an employer to watch you take a drug test?
In addition, employers are required to “direct an immediate collection under direct observations in three circumstances,” the DOT says. Those circumstances are: When a laboratory reports an invalid specimen and the “medical review officer” (MRO) reports that there is no adequate medical explanation for the result.
How to outsmart a lie detector test?
Here are some tips to try:
- If you want to beat the polygraph test, your best bet is to stay upset, fearful, and confused throughout the test. ...
- Take time before answering any question. ...
- Alter your breathing during control questions, but return to normal breathing before answering the next question.
Can a compulsive liar pass a polygraph test?
Compulsive liars also can't hide their body language, and if the examiner reviews the recorded footage of the session later, they'll spot the changes in body language. So, compulsive liars probably won't pass a lie detector test if they try to lie their way out of it.
Can a company make you take a lie detector test?
Employers must make sure;
That the employee voluntarily agreed to undergo the polygraph test – Having a signed document is crucial if you ever need to defend your actions in a CCMA hearing. That the employee knows what questions s/he will be asked and understands the questions.
What states banned polygraph?
While the federal government restricts polygraphs, several U.S. states have stronger bans or significant limitations, with California having a near-total ban, and states like Alaska, Connecticut, Delaware, Massachusetts, Michigan, Minnesota, New Jersey, Rhode Island, Vermont, and West Virginia prohibiting or heavily restricting employers from requiring them, often allowing exceptions only for certain sensitive roles (like controlled substance handling) or under very specific conditions, with rules varying widely on admissibility in court as well.
Can someone force you to take a lie detector test?
You are never under any legal obligation to take a lie detector test in a criminal investigation. Even if the police tell you the test is mandatory or threaten to arrest you if you refuse, you don't have to.
Can a truthful person fail a polygraph?
Yes, you can absolutely fail a polygraph test while telling the truth, because polygraphs measure physiological arousal (like heart rate, blood pressure, sweat) not lies, which can be triggered by anxiety, stress, certain health conditions, or even the examiner's approach, leading to false positives even in honest individuals. Factors like nervousness, subconscious thoughts, medications, or deliberate countermeasures can all skew results, making the test unreliable for confirming truthfulness.
What is the Employee Polygraph Protection Act 2025?
The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment. THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT.
How much is a lie detector test?
A professional lie detector (polygraph) test typically costs between $200 and $2,000, with the average falling in the $400 to $1,200 range, depending heavily on the examiner's experience, location, test complexity (more questions, longer duration), and purpose (personal vs. legal/pre-employment). Simple single-issue tests might start around $200-$400, while detailed, multi-issue examinations or those requiring extensive reporting can cost much more, with some government-level exams exceeding $2,000.