EPPA & Polygraph Tests in New York: A Practical Guide (2025)

Bottom line: In New York, private-sector employers are broadly barred from using lie-detector tests by the federal Employee Polygraph Protection Act (EPPA). New York law also layers on state-level restrictions (including criminal penalties) around “psychological stress evaluators,” plus special protections in criminal-justice contexts. DOL

What EPPA Does (applies in New York)

• Bans most use of lie-detector tests (pre-hire and during employment) by private employers.

• Prohibits retaliation for refusing a test or exercising EPPA rights.

• Allows only narrow exceptions (e.g., certain security services; limited theft/economic-loss investigations with strict procedures). DOL+2DOL+2

The narrow exceptions, briefly

If a covered New York employer invokes EPPA’s exceptions (e.g., a specific theft investigation), they must give a detailed written notice, use a qualified examiner, maintain confidentiality, and meet all procedural safeguards. Non-compliance risks federal enforcement and civil liability. DOL

New York’s Own Rules You Should Know

1) Labor Law Article 20-B (Psychological Stress Evaluators)

New York makes it a misdemeanor for any employer (or agent) to require, request, suggest, permit, administer, or use results of a psychological stress evaluator for any reason, with enhanced penalties for repeat offenses. While this article addresses “stress evaluators” (not classic polygraphs), it shows the state’s strong policy against lie-detection tech in employment. Justia Law

Employees are protected from retaliation for complaining or testifying about violations and may recover double lost wages and reinstatement. Justia Law

Tip: Many employers and applicants colloquially lump polygraphs and stress evaluators together. EPPA specifically governs “lie detector” tests; New York’s Article 20-B separately targets stress-evaluation devices — together they create a very restrictive environment for employment “truth-testing.”

2) Criminal-procedure protection (sexual-assault victims)

New York forbids prosecutors or law enforcement from requesting or requiring sexual-assault victims to submit to a polygraph or stress-evaluator exam. Justia Law+2NYSenate.gov+2

Useful Federal Case Law Touching New York

• Rubin v. Tourneau, Inc. (S.D.N.Y. 1992): Early EPPA case discussing who counts as an “employer” under EPPA and how polygraph examiners fit (often not employers unless they exercise employer-like control). Helpful when determining who can be sued. Justia Law+1

Nationally, courts often apply an “economic reality” test to decide whether a polygraph examiner can be treated as an EPPA “employer.” (See Fifth & Tenth Circuit discussions.) While not New York decisions, they’re frequently cited in EPPA litigation. CaseLaw+1

Compliance Checklist (New York Employers)

1. Assume EPPA applies if you’re a private employer. Don’t request or require lie-detector tests unless you’ve confirmed a valid EPPA exception and can meet every procedural requirement. DOL

2. Post the EPPA notice where applicants and employees can readily see it (federal poster requirement). Yavapai College

3. Do not use stress evaluators in employment — New York makes this a misdemeanor (and provides employee remedies). Justia Law+1

4. If relying on an exception (e.g., specific theft loss): provide written notice, use a qualified examiner, keep results confidential, and avoid adverse action unless EPPA standards are strictly met. DOL

5. Public employers (government) are generally outside EPPA’s scope, but other statutes and policies apply; consult counsel before considering any examination. Legal Information Institute

Rights for New York Employees & Applicants

• You can refuse a lie-detector test in most private-sector situations.

• If an employer claims an EPPA exception, you must receive a written explanation and procedural protections.

• You can file complaints with the U.S. Department of Labor; EPPA provides for enforcement and civil remedies. DOL

• If a New York employer uses or pressures a stress evaluator, that may be a criminal violation and also give you civil remedies. Justia Law+1

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Key Takeaway

In New York, workplace “truth-testing” is tightly constrained. EPPA shuts down most private-sector polygraph use, and New York Labor Law Article 20-B criminalizes employer use of stress evaluators. Anyone considering an exception or facing a request should seek advice and verify every requirement.