Georgia EPPA Compliance: Private Sector Polygraph Rights

What Is the EPPA?

The Employee Polygraph Protection Act of 1988 (EPPA) is a landmark federal law that generally prevents private employers from using lie detector tests, either for pre-employment screening or during the course of employment [1]Verified Employee Polygraph Protection Act of 1988: Background and Implications
Confirms EPPA eliminated 85% of workplace polygraph tests and provides background on the law's passage[2]Verified Employee Polygraph Protection Act - Wikipedia
Confirms EPPA prohibitions, exemptions for security firms and pharmaceutical companies, government employer exemption, and poster requirements. On June 27, 1988, President Ronald Reagan signed the EPPA into law, and it became effective on December 27, 1988 [3]Verified Employee Polygraph Protection Act (EPPA) - American Polygraph Association
Confirms EPPA became law December 27, 1988, provides compliance checklists for employers and examiners including 48-hour notice and 3-year retention requirements[4]Verified 29 CFR Part 801 - Application of the Employee Polygraph Protection Act of 1988
Confirms EPPA effective date of December 27, 1988, prohibitions on lie detector use, simulated use prohibition, and federal preemption provisions. The law was enacted after Congress determined that the reliability of polygraph testing in employment contexts raised serious concerns, and that an estimated 400,000 honest workers were being wrongfully labelled deceptive each year [5]Verified H.R.1212 - Employee Polygraph Protection Act of 1988
Confirms official bill text of prohibitions, exemptions, ongoing investigation requirements, additional supporting evidence requirement, and civil action provisions. By prohibiting most private sector polygraph use, EPPA eliminated approximately 85% of workplace polygraph tests that were being administered at the time [1]Verified Employee Polygraph Protection Act of 1988: Background and Implications
Confirms EPPA eliminated 85% of workplace polygraph tests and provides background on the law's passage.

Under EPPA, most private employers may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against anybody for refusing to take a test or for exercising other rights under the Act [2]Verified Employee Polygraph Protection Act - Wikipedia
Confirms EPPA prohibitions, exemptions for security firms and pharmaceutical companies, government employer exemption, and poster requirements. However, the Act does permit polygraph tests to be administered under limited circumstances, subject to certain restrictions [4]Verified 29 CFR Part 801 - Application of the Employee Polygraph Protection Act of 1988
Confirms EPPA effective date of December 27, 1988, prohibitions on lie detector use, simulated use prohibition, and federal preemption provisions. Federal, state, and local government agencies are entirely exempt from EPPA coverage [2]Verified Employee Polygraph Protection Act - Wikipedia
Confirms EPPA prohibitions, exemptions for security firms and pharmaceutical companies, government employer exemption, and poster requirements[4]Verified 29 CFR Part 801 - Application of the Employee Polygraph Protection Act of 1988
Confirms EPPA effective date of December 27, 1988, prohibitions on lie detector use, simulated use prohibition, and federal preemption provisions. For an in-depth look at the era that led to EPPA's passage, see our guide on polygraph testing in the 1980s and the path to the federal ban.

Georgia's Unique Position Under EPPA

Georgia does not have a state-level polygraph protection statute for private sector employees, making the federal EPPA the primary legal framework governing workplace polygraph use throughout the state [6]Verified Employee Polygraph Protection Act (EPPA) - Georgia
Confirms Georgia does not have state-level polygraph protection requirements and relies on federal 29 CFR Part 801. This differs from states like Illinois, which have enacted additional protections beyond the federal baseline — see our Illinois employee polygraph laws guide for comparison.

The Georgia Polygraph Association (GPA) was incorporated on February 26, 1986, as a domestic, non-profit corporation dedicated to providing a forum for discussion, education, and mutual support for polygraph examiners [7]Verified Georgia Polygraph Association Bylaws and History
Confirms GPA incorporation in 1986, EPPA's impact on reducing private sector testing, 1992 repeal of Georgia licensing law, and 1997 reactivation. When EPPA took effect, the law greatly reduced the volume of polygraph examiners engaged in the private sector throughout Georgia [7]Verified Georgia Polygraph Association Bylaws and History
Confirms GPA incorporation in 1986, EPPA's impact on reducing private sector testing, 1992 repeal of Georgia licensing law, and 1997 reactivation. As a result, the Georgia Polygraph Association became dormant, and in 1992 the Georgia State Legislature repealed the Georgia Polygraph Examiners Act, which had required licensing provisions for polygraph examiners in the state [7]Verified Georgia Polygraph Association Bylaws and History
Confirms GPA incorporation in 1986, EPPA's impact on reducing private sector testing, 1992 repeal of Georgia licensing law, and 1997 reactivation.

On May 17, 1997, a group of concerned law enforcement and private polygraph examiners met to reorganise the Georgia Polygraph Association [7]Verified Georgia Polygraph Association Bylaws and History
Confirms GPA incorporation in 1986, EPPA's impact on reducing private sector testing, 1992 repeal of Georgia licensing law, and 1997 reactivation. The GPA was formally reactivated on August 29, 1997, with new officers elected and a bylaws committee established [7]Verified Georgia Polygraph Association Bylaws and History
Confirms GPA incorporation in 1986, EPPA's impact on reducing private sector testing, 1992 repeal of Georgia licensing law, and 1997 reactivation. Today, the GPA is dedicated to the establishment of the highest professionalism, ethics, and integrity within the polygraph profession in Georgia, promoting adherence to recognised professional standards and encouraging the exchange of information among members [7]Verified Georgia Polygraph Association Bylaws and History
Confirms GPA incorporation in 1986, EPPA's impact on reducing private sector testing, 1992 repeal of Georgia licensing law, and 1997 reactivation.

Georgia is also home to the American International Institute of Polygraph (AIIP), located in Peachtree City, which is one of only eleven training institutions in the United States accredited by the American Polygraph Association to teach the 400-hour Basic Polygraph Examiner Course [8]Verified American International Institute of Polygraph (AIIP) - Basic Polygraph Examiner Course
Confirms AIIP is one of only eleven APA-accredited schools teaching the 400-hour Basic Polygraph Examiner Course, located in Peachtree City, Georgia. The presence of AIIP has helped maintain a strong community of trained examiners in the state, supporting both law enforcement and the limited private sector testing that EPPA's exemptions allow.

What Employers Cannot Do

Under Section 3 of EPPA, covered private employers in Georgia are prohibited from requiring, requesting, suggesting, or causing, directly or indirectly, any employee or prospective employee to take or submit to a lie detector test [4]Verified 29 CFR Part 801 - Application of the Employee Polygraph Protection Act of 1988
Confirms EPPA effective date of December 27, 1988, prohibitions on lie detector use, simulated use prohibition, and federal preemption provisions[9]Verified 29 CFR § 801.3 - Prohibitions on lie detector use
Confirms EPPA prohibitions on requiring, requesting, or suggesting lie detector tests and prohibition on simulated use of instruments. Employers also cannot use, accept, or inquire about the results of a lie detector test of any employee or prospective employee [9]Verified 29 CFR § 801.3 - Prohibitions on lie detector use
Confirms EPPA prohibitions on requiring, requesting, or suggesting lie detector tests and prohibition on simulated use of instruments.

Critically, EPPA prohibits retaliation. An employer cannot discharge, discipline, discriminate against in any manner, or deny employment or promotion to any employee or prospective employee who refuses, declines, or fails to take a lie detector test [2]Verified Employee Polygraph Protection Act - Wikipedia
Confirms EPPA prohibitions, exemptions for security firms and pharmaceutical companies, government employer exemption, and poster requirements[9]Verified 29 CFR § 801.3 - Prohibitions on lie detector use
Confirms EPPA prohibitions on requiring, requesting, or suggesting lie detector tests and prohibition on simulated use of instruments. The prohibition extends to threats of such action and to retaliation against anyone who exercises their rights under the Act [9]Verified 29 CFR § 801.3 - Prohibitions on lie detector use
Confirms EPPA prohibitions on requiring, requesting, or suggesting lie detector tests and prohibition on simulated use of instruments. For more on employee rights regarding test results, see our guide on polygraph results confidentiality.

The Act also prohibits the simulated use of a polygraph instrument to lead an individual to believe that a test is being or may be performed. This includes connecting an employee to an instrument without diagnostic purpose, placing the instrument in an interrogation room unconnected to the employee, or merely suggesting the instrument may be used during an interview [4]Verified 29 CFR Part 801 - Application of the Employee Polygraph Protection Act of 1988
Confirms EPPA effective date of December 27, 1988, prohibitions on lie detector use, simulated use prohibition, and federal preemption provisions.

Scope of 'Lie Detector' Under EPPA

EPPA's definition of lie detector is broader than just polygraphs. The term covers any device used to render a diagnostic opinion regarding the honesty of an individual, including polygraphs, deceptographs, voice stress analyzers, and psychological stress evaluators [2]Verified Employee Polygraph Protection Act - Wikipedia
Confirms EPPA prohibitions, exemptions for security firms and pharmaceutical companies, government employer exemption, and poster requirements. However, the exemptions within EPPA permit only polygraph examinations — no other types of lie detector tests may be administered even under exempt conditions [4]Verified 29 CFR Part 801 - Application of the Employee Polygraph Protection Act of 1988
Confirms EPPA effective date of December 27, 1988, prohibitions on lie detector use, simulated use prohibition, and federal preemption provisions.

Government Employer Exemption

Federal, state, and local government employers are entirely exempt from EPPA [2]Verified Employee Polygraph Protection Act - Wikipedia
Confirms EPPA prohibitions, exemptions for security firms and pharmaceutical companies, government employer exemption, and poster requirements[4]Verified 29 CFR Part 801 - Application of the Employee Polygraph Protection Act of 1988
Confirms EPPA effective date of December 27, 1988, prohibitions on lie detector use, simulated use prohibition, and federal preemption provisions. This means Georgia's government agencies — including law enforcement departments, the Georgia Bureau of Investigation, the Georgia Department of Natural Resources, and school boards — are free to require polygraph examinations as part of hiring, discipline, or investigative processes.

The GBI Polygraph Unit currently has seven GBI agents trained as polygraph examiners positioned throughout the state, assisting over 200 law enforcement agencies in administering polygraph examinations [10]Verified Georgia Bureau of Investigation Polygraph Unit
Confirms GBI Polygraph Unit has seven examiners, assists over 200 law enforcement agencies, and sponsors annual polygraph seminars. These examiners conduct pre-employment polygraph examinations for any law enforcement agency that utilises the polygraph as part of their personnel screening process [10]Verified Georgia Bureau of Investigation Polygraph Unit
Confirms GBI Polygraph Unit has seven examiners, assists over 200 law enforcement agencies, and sponsors annual polygraph seminars. The Unit also polygraphs subjects of criminal or internal investigations as a support service for law enforcement agencies statewide [10]Verified Georgia Bureau of Investigation Polygraph Unit
Confirms GBI Polygraph Unit has seven examiners, assists over 200 law enforcement agencies, and sponsors annual polygraph seminars. To understand how polygraph testing works in law enforcement hiring, see our corrections officer polygraph guide.

Research by Lawrence S. Kleiman, Robert H. Faley, and David W. Denton identified a notable paradox: while private employees gained statutory protections under EPPA, many public sector workers lacked equivalent legislative safeguards despite constitutional protections against government overreach [11]Verified Legal Issues Concerning Polygraph Testing in the Public Sector
Confirms the paradox where private employees enjoyed statutory protections under EPPA that many public workers lacked despite constitutional safeguards.

Security Service Firm Exemption

EPPA permits polygraph testing of certain applicants and employees of private security service firms whose primary business purpose consists of providing armored car, alarm, or guard services [2]Verified Employee Polygraph Protection Act - Wikipedia
Confirms EPPA prohibitions, exemptions for security firms and pharmaceutical companies, government employer exemption, and poster requirements[12]Verified EPPA (Employee Polygraph Protection Act): The Fine Print
Confirms three categories of EPPA-exempt employees including security firms, pharmaceutical companies, and ongoing investigations. Subject to the Act's restrictions, employers in this category may administer polygraph tests to prospective employees who would be hired to protect facilities, materials, or operations affecting public health, safety, or security [12]Verified EPPA (Employee Polygraph Protection Act): The Fine Print
Confirms three categories of EPPA-exempt employees including security firms, pharmaceutical companies, and ongoing investigations. Even under this exemption, all procedural safeguards for examinees remain in full effect. For businesses considering workplace polygraph policies, our workplace polygraph policy EPPA guide provides detailed compliance information.

Pharmaceutical and Controlled Substance Exemption

Employers authorised to manufacture, distribute, or dispense controlled substances listed in Schedules I through IV may administer polygraph tests under specific conditions [12]Verified EPPA (Employee Polygraph Protection Act): The Fine Print
Confirms three categories of EPPA-exempt employees including security firms, pharmaceutical companies, and ongoing investigations[13]Verified 29 CFR Part 801 - EPPA Ongoing Investigation and Pharmaceutical Exemptions
Confirms general inventory shortages alone are not sufficient basis for polygraph testing and that additional evidence of specific intentional wrongdoing is required. For prospective employees, the test is permitted if the individual would have direct access to the controlled substances [13]Verified 29 CFR Part 801 - EPPA Ongoing Investigation and Pharmaceutical Exemptions
Confirms general inventory shortages alone are not sufficient basis for polygraph testing and that additional evidence of specific intentional wrongdoing is required. For current employees, the test must be administered in connection with an ongoing investigation of criminal or other misconduct involving or potentially involving loss or injury related to controlled substances, and the employee must have had access to the person or property that is the subject of the investigation [13]Verified 29 CFR Part 801 - EPPA Ongoing Investigation and Pharmaceutical Exemptions
Confirms general inventory shortages alone are not sufficient basis for polygraph testing and that additional evidence of specific intentional wrongdoing is required.

This exemption is specifically intended to apply only to employees and prospective employees of persons or entities registered with the DEA, and does not extend to truck drivers employed by entities that are not so registered [13]Verified 29 CFR Part 801 - EPPA Ongoing Investigation and Pharmaceutical Exemptions
Confirms general inventory shortages alone are not sufficient basis for polygraph testing and that additional evidence of specific intentional wrongdoing is required.

Ongoing Investigation Exemption

The most commonly invoked EPPA exemption allows employers to request that an employee submit to a polygraph test in connection with an ongoing investigation involving economic loss or injury to the employer's business, such as theft, embezzlement, misappropriation, or unlawful industrial espionage or sabotage [5]Verified H.R.1212 - Employee Polygraph Protection Act of 1988
Confirms official bill text of prohibitions, exemptions, ongoing investigation requirements, additional supporting evidence requirement, and civil action provisions[12]Verified EPPA (Employee Polygraph Protection Act): The Fine Print
Confirms three categories of EPPA-exempt employees including security firms, pharmaceutical companies, and ongoing investigations. To qualify, four conditions must be met: (1) the test must be part of an ongoing investigation of a specific incident; (2) the employee must have had access to the property in question; (3) the employer must have a reasonable suspicion that the employee was involved; and (4) the employer must provide a detailed written statement to the employee before the test [5]Verified H.R.1212 - Employee Polygraph Protection Act of 1988
Confirms official bill text of prohibitions, exemptions, ongoing investigation requirements, additional supporting evidence requirement, and civil action provisions.

Importantly, general inventory shortages alone are not sufficient basis for polygraph testing [13]Verified 29 CFR Part 801 - EPPA Ongoing Investigation and Pharmaceutical Exemptions
Confirms general inventory shortages alone are not sufficient basis for polygraph testing and that additional evidence of specific intentional wrongdoing is required. The fact that items in inventory are frequently missing from a warehouse would not, standing alone, justify testing. Additional evidence linking specific missing items to intentional wrongdoing, plus reasonable suspicion of the particular employee's involvement, is required [13]Verified 29 CFR Part 801 - EPPA Ongoing Investigation and Pharmaceutical Exemptions
Confirms general inventory shortages alone are not sufficient basis for polygraph testing and that additional evidence of specific intentional wrongdoing is required. Even when all conditions are met, no adverse employment action may be taken based solely on polygraph test results — additional supporting evidence is always required [12]Verified EPPA (Employee Polygraph Protection Act): The Fine Print
Confirms three categories of EPPA-exempt employees including security firms, pharmaceutical companies, and ongoing investigations. For more on how polygraph tests can be affected by various factors, see our guide on 9 factors that affect lie detector test results.

Pre-Test Phase Rights

When a polygraph examination is permitted under one of EPPA's exemptions, the employee is entitled to comprehensive pre-test protections. The employer must provide at least 48 hours advance written notice, not counting weekends or holidays, before the scheduled examination [3]Verified Employee Polygraph Protection Act (EPPA) - American Polygraph Association
Confirms EPPA became law December 27, 1988, provides compliance checklists for employers and examiners including 48-hour notice and 3-year retention requirements[14]Verified Employment Law Guide - Lie Detector Tests (DOL elaws)
Confirms employer notice, recordkeeping, poster requirements under EPPA, 3-year record retention, employee right to file lawsuits, and WHD enforcement. This notice must include the date, time, and place of the test, as well as information about the examinee's right to consult with legal counsel or an employee representative before each phase [14]Verified Employment Law Guide - Lie Detector Tests (DOL elaws)
Confirms employer notice, recordkeeping, poster requirements under EPPA, 3-year record retention, employee right to file lawsuits, and WHD enforcement.

The employer must also provide written notice of the nature and characteristics of the polygraph instrument and examination, as well as extensive written notice explaining the examinee's rights, including a list of prohibited questions and topics, the right to terminate the examination, and the right to file a complaint with the Department of Labor [14]Verified Employment Law Guide - Lie Detector Tests (DOL elaws)
Confirms employer notice, recordkeeping, poster requirements under EPPA, 3-year record retention, employee right to file lawsuits, and WHD enforcement. For guidance on preparing for a polygraph examination, see our guide on preventing intimidation during a lie detector exam.

Testing Phase Rights

Throughout all phases of the examination, the examinee shall be permitted to terminate the test at any time [15]Verified Employee Polygraph Protection Act (Full Text - 29 USC §§ 2001-2009)
Confirms examinee rights during all phases of testing, prohibited questions, $10,000 civil penalty per violation, and examiner qualification requirements. The examinee must not be asked questions in a manner designed to degrade, or needlessly intrude upon, the examinee [15]Verified Employee Polygraph Protection Act (Full Text - 29 USC §§ 2001-2009)
Confirms examinee rights during all phases of testing, prohibited questions, $10,000 civil penalty per violation, and examiner qualification requirements. EPPA specifically prohibits questions concerning religious beliefs or affiliations, beliefs regarding racial matters, political beliefs or affiliations, sexual behaviour, and beliefs, affiliations, opinions, or lawful activities regarding unions or labour organisations [15]Verified Employee Polygraph Protection Act (Full Text - 29 USC §§ 2001-2009)
Confirms examinee rights during all phases of testing, prohibited questions, $10,000 civil penalty per violation, and examiner qualification requirements.

The examiner must not conduct the test if there is sufficient written evidence from a physician that the examinee is suffering from a medical or psychological condition or undergoing treatment that might cause abnormal responses during the actual testing phase [15]Verified Employee Polygraph Protection Act (Full Text - 29 USC §§ 2001-2009)
Confirms examinee rights during all phases of testing, prohibited questions, $10,000 civil penalty per violation, and examiner qualification requirements. The test must last a minimum of 90 minutes, and the examinee must not be asked any relevant questions that were not previously reviewed in writing.

Post-Test Phase Rights

After the examination, the examinee has the right to request a written copy of the test results, including any opinion of deception or non-deception. No adverse employment action may be taken based solely on polygraph test results — additional supporting evidence is always required [12]Verified EPPA (Employee Polygraph Protection Act): The Fine Print
Confirms three categories of EPPA-exempt employees including security firms, pharmaceutical companies, and ongoing investigations. The employer must retain all records related to the examination for a minimum of three years from the date the examination was conducted, or from the date it was requested if no examination was actually conducted [14]Verified Employment Law Guide - Lie Detector Tests (DOL elaws)
Confirms employer notice, recordkeeping, poster requirements under EPPA, 3-year record retention, employee right to file lawsuits, and WHD enforcement.

Examiners conducting tests under EPPA exemptions must hold a valid licence if required by the state where the test is conducted and must maintain a minimum $50,000 bond or professional liability coverage [16]Verified EPPA Examiner Bonding Requirements
Confirms examiner must maintain a minimum $50,000 bond or professional liability coverage and hold valid licence if required by the state. While Georgia does not currently require state licensing for polygraph examiners, many Georgia examiners voluntarily maintain certifications through the American Polygraph Association or the Georgia Polygraph Association. To understand when retesting might be appropriate, see our guide on what is a polygraph retest.

Strict Limits on Information Sharing

EPPA strictly prohibits the unauthorised disclosure of any information obtained during a polygraph test [17]Verified The Truth About Lie Detectors in the Workplace
Confirms EPPA confidentiality duties, additional supporting evidence requirement, retaliation prohibition, and $10,000 civil penalty. A polygraph examiner or employer may disclose information acquired from a polygraph test only to: the examinee or an individual specifically designated in writing by the examinee; the employer that requested the test (including management personnel where the disclosure is relevant to their job responsibilities); or any court, governmental agency, arbitrator, or mediator pursuant to an order from a court of competent jurisdiction [17]Verified The Truth About Lie Detectors in the Workplace
Confirms EPPA confidentiality duties, additional supporting evidence requirement, retaliation prohibition, and $10,000 civil penalty.

Information about a polygraph test provided to the employer by a police officer or investigator is also prohibited under the Act, since employers are generally not allowed to use, accept, or inquire about the results [3]Verified Employee Polygraph Protection Act (EPPA) - American Polygraph Association
Confirms EPPA became law December 27, 1988, provides compliance checklists for employers and examiners including 48-hour notice and 3-year retention requirements. These confidentiality protections apply to all polygraph examinations conducted under EPPA exemptions, ensuring that sensitive information remains properly controlled. Learn more about your confidentiality rights in our detailed guide on polygraph results confidentiality: who can see your report.

International perspectives underscore the importance of such protections. Research by José Manuel Díaz Soto and Diego Borbón on neurorights and lie detection highlights the evolving global framework for protecting individual rights in deception detection contexts [18]Verified Neurorights vs. neuroprediction and lie detection: The imperative limits to criminal law
Foundational research on evolving legal and ethical frameworks for deception detection technologies. Similarly, Martin Böse's research on human rights and legal limits on deception detection methods establishes that robust legal safeguards are essential wherever such methods are employed [19]Verified Human Rights and Legal Limits on the Use of Deception Detection Methods
Establishes human rights framework for evaluating legal limits on deception detection methods including polygraph.

Civil Penalties for EPPA Violations

Any employer who violates any provision of EPPA may be assessed a civil penalty of not more than $10,000 per violation [5]Verified H.R.1212 - Employee Polygraph Protection Act of 1988
Confirms official bill text of prohibitions, exemptions, ongoing investigation requirements, additional supporting evidence requirement, and civil action provisions[20]Verified Federal EPPA Lists Rules for Lie Detector Tests
Confirms $10,000 maximum civil penalty per EPPA violation and Secretary of Labor enforcement authority. The Secretary of Labor is authorised to bring court action to restrain violations and to seek legal relief, including reinstatement, promotion, and payment of back wages [20]Verified Federal EPPA Lists Rules for Lie Detector Tests
Confirms $10,000 maximum civil penalty per EPPA violation and Secretary of Labor enforcement authority. In determining penalty amounts, the Secretary considers the employer's previous compliance record and the gravity of the violation [15]Verified Employee Polygraph Protection Act (Full Text - 29 USC §§ 2001-2009)
Confirms examinee rights during all phases of testing, prohibited questions, $10,000 civil penalty per violation, and examiner qualification requirements.

Employees and prospective employees also have a private right of action. They may bring civil lawsuits against any employer who violates the Act's provisions, seeking appropriate legal and equitable relief, which may include employment, reinstatement, promotion, back pay, and reasonable costs including attorney's fees [5]Verified H.R.1212 - Employee Polygraph Protection Act of 1988
Confirms official bill text of prohibitions, exemptions, ongoing investigation requirements, additional supporting evidence requirement, and civil action provisions[14]Verified Employment Law Guide - Lie Detector Tests (DOL elaws)
Confirms employer notice, recordkeeping, poster requirements under EPPA, 3-year record retention, employee right to file lawsuits, and WHD enforcement. The statute of limitations for private EPPA civil actions is three years from the date of the violation [14]Verified Employment Law Guide - Lie Detector Tests (DOL elaws)
Confirms employer notice, recordkeeping, poster requirements under EPPA, 3-year record retention, employee right to file lawsuits, and WHD enforcement. The Wage and Hour Division (WHD) of the U.S. Department of Labor enforces EPPA and accepts complaints of alleged violations at any time [14]Verified Employment Law Guide - Lie Detector Tests (DOL elaws)
Confirms employer notice, recordkeeping, poster requirements under EPPA, 3-year record retention, employee right to file lawsuits, and WHD enforcement.

Georgia State Tort Remedy: O.C.G.A. § 51-1-37

In addition to federal EPPA remedies, Georgia provides a state-level cause of action under O.C.G.A. § 51-1-37 for negligent or improper administration of a polygraph examination [21]Verified Georgia Code § 51-1-37 - Negligent or Improper Administration of Polygraph Examination (2022)
Confirms Georgia state cause of action for negligent polygraph administration, including actual damages, attorney's fees, filing fees, and back pay. Under this statute, any person who suffers damages as a result of a polygraph examination having been administered in a negligent manner has a cause of action against the polygraph examiner [21]Verified Georgia Code § 51-1-37 - Negligent or Improper Administration of Polygraph Examination (2022)
Confirms Georgia state cause of action for negligent polygraph administration, including actual damages, attorney's fees, filing fees, and back pay. The measure of damages includes actual damages sustained, together with reasonable attorney's fees, filing fees, and reasonable costs of the action [21]Verified Georgia Code § 51-1-37 - Negligent or Improper Administration of Polygraph Examination (2022)
Confirms Georgia state cause of action for negligent polygraph administration, including actual damages, attorney's fees, filing fees, and back pay. Damages may include back pay for the period during which such person did not work or was denied a job as a result of the examination [21]Verified Georgia Code § 51-1-37 - Negligent or Improper Administration of Polygraph Examination (2022)
Confirms Georgia state cause of action for negligent polygraph administration, including actual damages, attorney's fees, filing fees, and back pay.

Georgia also protects crime victims through O.C.G.A. § 17-5-73, which establishes that no prosecuting attorney, investigating law enforcement agency, or government official shall require a victim of sexual assault to submit to a polygraph examination as a condition precedent to investigating the alleged crime [22]Verified Georgia Code § 17-5-73 - Victim's Right to Refuse Polygraph Examinations
Confirms Georgia law prohibiting requirement of polygraph examinations for sexual assault victims as a condition of investigation. The refusal of a victim to submit to such an examination shall not prevent an investigation or prosecution [22]Verified Georgia Code § 17-5-73 - Victim's Right to Refuse Polygraph Examinations
Confirms Georgia law prohibiting requirement of polygraph examinations for sexual assault victims as a condition of investigation.

The Jeffrey Deskovic wrongful conviction case powerfully illustrates why these protections matter. It remains a cautionary example of what can happen when polygraph procedures are improperly administered, reinforcing the importance of the procedural safeguards enshrined in both EPPA and Georgia law.

Federal Complaint Process

If you believe your EPPA rights have been violated in Georgia, you have two primary avenues for relief. First, you may file a complaint directly with the U.S. Department of Labor's Wage and Hour Division by calling 1-866-487-9243. The WHD will investigate the complaint and may assess civil money penalties against the employer [14]Verified Employment Law Guide - Lie Detector Tests (DOL elaws)
Confirms employer notice, recordkeeping, poster requirements under EPPA, 3-year record retention, employee right to file lawsuits, and WHD enforcement. Second, you may file a private civil lawsuit against the employer within three years of the violation, seeking reinstatement, back pay, lost wages, and attorney's fees [14]Verified Employment Law Guide - Lie Detector Tests (DOL elaws)
Confirms employer notice, recordkeeping, poster requirements under EPPA, 3-year record retention, employee right to file lawsuits, and WHD enforcement[15]Verified Employee Polygraph Protection Act (Full Text - 29 USC §§ 2001-2009)
Confirms examinee rights during all phases of testing, prohibited questions, $10,000 civil penalty per violation, and examiner qualification requirements.

For state tort claims under O.C.G.A. § 51-1-37 for negligent polygraph administration, Georgia's general tort statute of limitations applies [21]Verified Georgia Code § 51-1-37 - Negligent or Improper Administration of Polygraph Examination (2022)
Confirms Georgia state cause of action for negligent polygraph administration, including actual damages, attorney's fees, filing fees, and back pay. Employees are encouraged to document all interactions, retain copies of any notices received, and consult with an employment attorney promptly to preserve their rights.

Essential Compliance Steps

Every employer subject to EPPA in Georgia must post and keep posted on its premises a notice explaining the Act, in a prominent and conspicuous place where it can readily be observed by employees and applicants [4]Verified 29 CFR Part 801 - Application of the Employee Polygraph Protection Act of 1988
Confirms EPPA effective date of December 27, 1988, prohibitions on lie detector use, simulated use prohibition, and federal preemption provisions[14]Verified Employment Law Guide - Lie Detector Tests (DOL elaws)
Confirms employer notice, recordkeeping, poster requirements under EPPA, 3-year record retention, employee right to file lawsuits, and WHD enforcement. The EPPA poster is available in English and Spanish from the U.S. Department of Labor, with Spanish posting optional [14]Verified Employment Law Guide - Lie Detector Tests (DOL elaws)
Confirms employer notice, recordkeeping, poster requirements under EPPA, 3-year record retention, employee right to file lawsuits, and WHD enforcement.

When conducting polygraph examinations under an exemption, the employer's compliance checklist includes: providing the employee with a detailed written statement identifying the specific economic loss, the employee's access to the property, and the basis for reasonable suspicion [3]Verified Employee Polygraph Protection Act (EPPA) - American Polygraph Association
Confirms EPPA became law December 27, 1988, provides compliance checklists for employers and examiners including 48-hour notice and 3-year retention requirements; ensuring the statement is signed by a person other than the polygraph examiner who is authorised to legally bind the employer [3]Verified Employee Polygraph Protection Act (EPPA) - American Polygraph Association
Confirms EPPA became law December 27, 1988, provides compliance checklists for employers and examiners including 48-hour notice and 3-year retention requirements; retaining the statement and all examination records for at least three years [3]Verified Employee Polygraph Protection Act (EPPA) - American Polygraph Association
Confirms EPPA became law December 27, 1988, provides compliance checklists for employers and examiners including 48-hour notice and 3-year retention requirements[14]Verified Employment Law Guide - Lie Detector Tests (DOL elaws)
Confirms employer notice, recordkeeping, poster requirements under EPPA, 3-year record retention, employee right to file lawsuits, and WHD enforcement; providing 48 hours advance notice [3]Verified Employee Polygraph Protection Act (EPPA) - American Polygraph Association
Confirms EPPA became law December 27, 1988, provides compliance checklists for employers and examiners including 48-hour notice and 3-year retention requirements[14]Verified Employment Law Guide - Lie Detector Tests (DOL elaws)
Confirms employer notice, recordkeeping, poster requirements under EPPA, 3-year record retention, employee right to file lawsuits, and WHD enforcement; verifying the examiner holds appropriate credentials and maintains the required $50,000 bond or professional liability coverage [16]Verified EPPA Examiner Bonding Requirements
Confirms examiner must maintain a minimum $50,000 bond or professional liability coverage and hold valid licence if required by the state; and ensuring no adverse action is taken solely on the basis of polygraph results without additional supporting evidence [12]Verified EPPA (Employee Polygraph Protection Act): The Fine Print
Confirms three categories of EPPA-exempt employees including security firms, pharmaceutical companies, and ongoing investigations.

For employers seeking comprehensive guidance, our workplace polygraph policy EPPA guide for employers provides step-by-step compliance frameworks. For a comparison with how neighbouring states handle these issues, see our Delaware employer polygraph restrictions guide and South Carolina polygraph laws guide.

A Thriving Professional Community

Despite the reduction in private sector testing following EPPA's passage, the polygraph profession in Georgia remains robust. The Georgia Polygraph Association is an active professional body with strong membership participation, hosting regular business and training meetings across the state [7]Verified Georgia Polygraph Association Bylaws and History
Confirms GPA incorporation in 1986, EPPA's impact on reducing private sector testing, 1992 repeal of Georgia licensing law, and 1997 reactivation. The GPA hosts the triannual Tri-State Polygraph Conference and coordinates continuing education credits through Georgia POST and the American Polygraph Association [7]Verified Georgia Polygraph Association Bylaws and History
Confirms GPA incorporation in 1986, EPPA's impact on reducing private sector testing, 1992 repeal of Georgia licensing law, and 1997 reactivation.

The GBI Polygraph Unit serves as a cornerstone of polygraph practice in the state. Every examiner in the unit is a graduate of an trained to APA standards school and maintains continuing education in the polygraph field [10]Verified Georgia Bureau of Investigation Polygraph Unit
Confirms GBI Polygraph Unit has seven examiners, assists over 200 law enforcement agencies, and sponsors annual polygraph seminars. The GBI also sponsors an annual polygraph seminar for law enforcement polygraph examiners throughout Georgia to keep examiners current on the latest research [10]Verified Georgia Bureau of Investigation Polygraph Unit
Confirms GBI Polygraph Unit has seven examiners, assists over 200 law enforcement agencies, and sponsors annual polygraph seminars.

The American International Institute of Polygraph (AIIP), located in Peachtree City, Georgia, continues to train new generations of examiners [8]Verified American International Institute of Polygraph (AIIP) - Basic Polygraph Examiner Course
Confirms AIIP is one of only eleven APA-accredited schools teaching the 400-hour Basic Polygraph Examiner Course, located in Peachtree City, Georgia. Founded by Charles "Chuck" Slupski, a graduate of the U.S. Army Polygraph School and former instructor at the Department of Defense Polygraph Institute, AIIP now operates under the direction of Robbie Frederick, a 2003 graduate of the DoDPI with over 31 years of law enforcement experience [8]Verified American International Institute of Polygraph (AIIP) - Basic Polygraph Examiner Course
Confirms AIIP is one of only eleven APA-accredited schools teaching the 400-hour Basic Polygraph Examiner Course, located in Peachtree City, Georgia. The school is accredited by the APA and recognised by the American Association of Police Polygraphists [8]Verified American International Institute of Polygraph (AIIP) - Basic Polygraph Examiner Course
Confirms AIIP is one of only eleven APA-accredited schools teaching the 400-hour Basic Polygraph Examiner Course, located in Peachtree City, Georgia.

Research by O.V. Domnina on the protection of individual rights in profiling and lie detection applications has identified substantial gaps in various national frameworks, reinforcing the value of EPPA's comprehensive approach to balancing investigative utility with individual rights [23]Verified PROTECTION OF INDIVIDUAL RIGHTS IN THE APPLICATION OF PROFILING AND LIE DETECTION METHODS
Identifies gaps and contradictions in national legislation governing polygraph examination, reinforcing the value of comprehensive legal frameworks like EPPA.

The State v. Chambers Standard

Separate from the employment context governed by EPPA, polygraph results occupy a distinct legal position in Georgia's courts. The Georgia Supreme Court established the controlling rule in State v. Chambers, 240 Ga. 76 (1977) [24]Verified State v. Chambers, 240 Ga. 76 (1977) - Georgia Supreme Court
Confirms 1977 Georgia Supreme Court ruling establishing polygraph results admissible only upon express stipulation of parties. In that case, the Court ruled that upon an express stipulation of the parties that polygraph results shall be admissible, the results may be admitted as evidence for the jury to attach whatever probative value they may find them to have [24]Verified State v. Chambers, 240 Ga. 76 (1977) - Georgia Supreme Court
Confirms 1977 Georgia Supreme Court ruling establishing polygraph results admissible only upon express stipulation of parties. This overruled the prior Famber v. State decision, which had treated polygraph results as entirely inadmissible [24]Verified State v. Chambers, 240 Ga. 76 (1977) - Georgia Supreme Court
Confirms 1977 Georgia Supreme Court ruling establishing polygraph results admissible only upon express stipulation of parties.

Under the Chambers rule, polygraph results are only admissible in Georgia if both the prosecution and defence agree before the test is administered that the results will be admitted regardless of the outcome [24]Verified State v. Chambers, 240 Ga. 76 (1977) - Georgia Supreme Court
Confirms 1977 Georgia Supreme Court ruling establishing polygraph results admissible only upon express stipulation of parties[25]Verified Polygraph Evidence in Georgia - Peach State Lawyers
Confirms under State v. Chambers, polygraph results in Georgia are only admissible if both parties agree before the test is administered. Without such prior stipulation, polygraph evidence remains inadmissible as direct evidence of guilt or innocence [25]Verified Polygraph Evidence in Georgia - Peach State Lawyers
Confirms under State v. Chambers, polygraph results in Georgia are only admissible if both parties agree before the test is administered. For a broader perspective on polygraph evidence across jurisdictions, see our comprehensive polygraph results in court: state admissibility guide.

Polygraph as an Investigative Tool

Even where courtroom admissibility is restricted, polygraph tests continue to play a valuable role in Georgia's criminal justice system. Law enforcement agencies across Georgia frequently use polygraphs as investigative tools to help guide their inquiries [10]Verified Georgia Bureau of Investigation Polygraph Unit
Confirms GBI Polygraph Unit has seven examiners, assists over 200 law enforcement agencies, and sponsors annual polygraph seminars. The GBI Polygraph Unit assists law enforcement statewide, with examiners polygraphing subjects of criminal or internal investigations, witnesses, informants, and in some cases victims, to assess the veracity of statements and prevent wrongful prosecution [10]Verified Georgia Bureau of Investigation Polygraph Unit
Confirms GBI Polygraph Unit has seven examiners, assists over 200 law enforcement agencies, and sponsors annual polygraph seminars.

In 2013, Georgia adopted the Federal Rules of Evidence to replace most of its evidentiary rules, and appellate courts have yet to definitively rule on polygraph admissibility under the new framework [26]Verified Polygraph Evidence in Georgia Criminal Cases
Confirms Georgia adopted Federal Rules of Evidence in 2013, and Eleventh Circuit standards for polygraph admissibility by stipulation or impeachment/corroboration. It is likely that Georgia courts will look to federal courts, particularly the Eleventh Circuit, for guidance. The Eleventh Circuit has held that polygraph evidence may be admissible in two specific instances: where both parties stipulate in advance, and when used to impeach or corroborate witness testimony, subject to additional requirements [26]Verified Polygraph Evidence in Georgia Criminal Cases
Confirms Georgia adopted Federal Rules of Evidence in 2013, and Eleventh Circuit standards for polygraph admissibility by stipulation or impeachment/corroboration.

For perspectives on how other jurisdictions handle polygraph evidence, see our guides on Missouri's polygraph evidence ban under State v. Biddle and Michigan's defendant's right to polygraph under MCL 776.21.