EPPA in Colorado: In-Depth Guide for Employers & Employees

The Employee Polygraph Protection Act (EPPA) is a federal law that places strict limits on how private employers can use lie detector (polygraph) tests. If you live or work in Colorado, it’s essential to understand how EPPA works in combination with Colorado statutes and case law — especially for employment, criminal, and regulatory settings.

What is EPPA?

• Enacted in 1988, EPPA (29 U.S.C. §2001–2009; 29 CFR Part 801) generally prohibits private employers from using lie detector tests either for pre-employment screening or during employment. Employers are also forbidden to discipline or fire employees or applicants for refusing to take such tests or for exercising rights under EPPA. DOL+1

• EPPA provides a few narrow exceptions, such as for security service firms (guard, alarm, armored car), pharmaceutical firms, and in investigations of workplace theft or economic loss — provided certain procedural requirements are met. DOL+1

EPPA’s Application in Colorado: Relevant State Laws & Requirements

While EPPA is a federal law, Colorado has specific statutes and court rulings that affect how polygraph tests are treated in Colorado’s legal and administrative systems.

1. Colorado Case Law on Admissibility

   • People v. Anderson (1981): The Colorado Supreme Court held that polygraph exam results are per se inadmissible in criminal trials. That means, under Colorado law, even when both parties agree, polygraph evidence typically cannot be submitted in court. Justia Law

   • Bloom v. People (2008): Reaffirmed this per se ban, underscoring that polygraph evidence is not allowed in jury trials in Colorado. Denver Colorado Criminal Lawyer+1

2. Colorado Statutes for Polygraph & Examiners

   • Colorado law requires that polygraph examiners who provide services under certain state programs (e.g., sex offender treatment/evaluation) satisfy educational and credential requirements. For example, under Colorado Revised Statutes § 16-11.7-106, polygraph examiners must graduate from an accredited polygraph school and hold a bachelor’s degree. Justia Law

   • The same statute establishes an approved provider list for treatment providers, evaluators, and polygraph examiners under state-contracted programs like sexual offense evaluations. Justia Law

3. Privacy, Employee Law & Workplace Protections

   • Private Colorado employers are bound by EPPA’s rules: they cannot require polygraph testing except in limited EPPA-defined situations. Colorado’s human resources and employer law resources acknowledge that polygraph tests are heavily restricted under both EPPA and state policy guidance. hrsimple.com+1

   • EPPA also dictates that employees cannot be penalized (fired, disciplined, discriminated against) simply for refusing or for results unless the test was compulsory under a valid exception. DOL+1

Key Considerations & How to Protect Your Rights in Colorado

If you are an employee or applicant in Colorado, or an employer considering polygraph use, here are practical considerations:

• Check whether EPPA applies: Private sector employers are covered. Government, state, and local public employees are generally exempt from EPPA, though Colorado has its own rules for those settings.

• Know your rights:

  • You can refuse a polygraph unless the job or position is under an EPPA exception.

  • If asked to do a test under an exception, you must receive written notice and details of the alleged incident (if it’s for economic loss, theft, etc.).

  • The results must not by themselves be the basis for termination or negative action unless the employer followed all procedural safeguards under EPPA.

• Qualifications of the examiner: Under Colorado law for certain programs (e.g., sex offender evaluations), examiners must meet educational and credential standards. Justia Law

• Admissibility in legal cases: If you hope to use polygraph evidence in court in Colorado, be aware that criminal courts generally do not admit polygraph results (per People v. Anderson and Bloom v. People). Only under very rare circumstances (stipulations of parties, specialized hearings, etc.) might polygraph testimony or results be considered. Justia Law+2Denver Colorado Criminal Lawyer+2

Recent Developments

• Colorado law (C.R.S. § 16-11.7-106) has been updated recently (with amendments effective as of 2023) regarding approval processes for polygraph examiners in state-contracted treatment programs. These include ensuring background checks, credential verification, and oversight. Justia Law

• State-wide guidance and legal commentary continue to emphasize the distinction between polygraph use in treatment / correctional settings vs. criminal trials or general workplace settings—with much more rigorous controls in the former.

Summary & Best Practices

• EPPA largely prevents private employers in Colorado from requiring lie detector tests—only narrow exceptions apply.

• Colorado’s criminal courts follow a doctrine that polygraph results are not admissible as evidence in trials.

• If you are asked to take a polygraph in Colorado, check whether the employer is relying on a valid EPPA exception, ask for written notice, verify the examiner’s credentials, and consult legal guidance when needed.