Workplace & Employee Polygraph Testing
Lawful, EPPA-compliant employee polygraph examinations · US, Canada & UK
In the United States, the Employee Polygraph Protection Act (EPPA, 1988) generally prohibits most private employers from requiring, requesting, or even suggesting that an employee or job applicant take a lie detector test. A polygraph can only be arranged in the narrow, lawful situations Congress permitted — chiefly an ongoing investigation into a specific economic loss, and a short list of exempt employers. Our examiners, trained to APA standards, help eligible employers stay strictly within the law, and help employees understand their rights. Every test is voluntary. Offices only — no home or mobile visits.
EPPA generally prohibits employer-directed testing · Narrow exemptions only · Testing is always voluntary · Employers should take independent legal advice before requesting any test
When employers can legally request testing
The Employee Polygraph Protection Act (EPPA, 1988) generally prohibits most private employers from requiring, requesting, suggesting, or causing an employee or job applicant to take a lie detector test — and from disciplining, discharging, or discriminating against anyone who refuses. Blanket pre-employment polygraph screening by an ordinary private employer is not lawful in the United States. The Act does, however, carve out a small number of exceptions. A polygraph may be arranged only where one of the following applies, and only when every condition attached to it is met:
Even where an exemption applies, the test is voluntary, the examinee keeps the full set of EPPA rights, and no one may be dismissed or refused a job solely because of a refusal or a test result. If you are an employer, take independent legal advice before requesting any test — the rules below are strict and the penalties for getting them wrong are significant. Read our full EPPA guide or see common questions.
Testing a current employee during a loss investigation
The most common lawful route for a private employer. It applies only to a current employee — never a job applicant — who is reasonably suspected of involvement in a specific incident of economic loss. All five conditions below must be satisfied before a test can proceed.
A specific, identifiable economic loss
There must be a real incident — not a general suspicion
The test must be part of an ongoing investigation into a specific incident that caused economic loss or injury to the employer’s business — for example theft, embezzlement, misappropriation of property, industrial espionage, or sabotage. A generalised worry about honesty or morale is not enough.
The employee had access
Access to the property under investigation is required
The employer must be able to show that the specific employee had access to the property that is the subject of the investigation. Access alone is not proof of involvement, and cannot by itself justify a test.
Reasonable suspicion of involvement
More than access — an articulable, documented basis
The employer must have a reasonable suspicion that this particular employee was involved in the incident. That suspicion must rest on observable, articulable facts — not on a hunch, and not on the desire to test everyone with access.
A signed written statement to the employee
Given before the test and retained for at least three years
Before the test, the employer must give the employee a written statement, signed by someone authorised to legally bind the employer (not the examiner). It must describe the specific incident under investigation, state the economic loss involved, note that the employee had access, and set out the basis for the reasonable suspicion. The employer must keep a copy for at least three years.
The examinee’s rights are honoured throughout
Voluntary participation — and no dismissal on the result alone
The employee takes part voluntarily, may refuse, and may stop the test at any point. They may not be asked degrading or needlessly intrusive questions. Crucially, the employer may not discharge, discipline, or deny employment to the employee solely on the basis of the test result or a refusal to take it — additional supporting evidence is required.
Which employers are exempt from EPPA
A short list of employers may test in ways ordinary private employers cannot — but each exemption is limited to defined roles and still carries examinee protections. It never amounts to open pre-employment screening.
Your rights if a test is proposed at work
Even where an exemption applies, EPPA gives the person being tested a firm set of protections. These cannot be signed away by the employer.
A structured five-stage process
Where a test is lawful, every examination follows the same structured process at one of our controlled office locations. APA Standards of Practice require a minimum 90-minute appointment — we schedule around two hours so nothing is rushed. Offices only; we do not conduct tests at a workplace, home, or other site.
Eligibility & Consultation
We confirm the lawful basis for testing, review the EPPA conditions and any signed employer statement, and assess whether the examination can properly go ahead.
Question Design
Your examiner develops neutral, factual yes/no questions tied to the specific incident — reviewed and agreed with the examinee before testing begins.
Pre-Test & Consent
Suitability assessment, full explanation of rights, informed consent, and question review — the examinee confirms participation is voluntary.
Examination
Private office room. Non-invasive sensors record respiration, cardiovascular activity, electrodermal activity, and movement. The examinee may stop at any time.
Written Report
A documented report is prepared to professional standards, disclosed only as EPPA and consent allow. Recordings retained per APA standards.
What determines the cost
We don’t publish a single flat fee for workplace testing because the right price depends on the specifics of the case. Here’s what shapes the cost — and exactly how the deposit works.
Employer / Investigation TestingOngoing-investigation & exempt-employer cases
Office & SchedulingAll examinations at our controlled offices
The rules are different in the UK and Canada
The EPPA is a US federal law and does not apply outside the United States. The UK has no direct equivalent, but employment law, data-protection rules (UK GDPR), and the requirement for genuine, freely given consent all bear on any workplace testing — and a polygraph cannot be made a condition of employment. In Canada, provincial privacy and labour legislation applies, and some provinces restrict employer use of polygraphs directly. In every country, testing must be voluntary and no one should be penalised solely for declining. Employers operating in the UK or Canada should take local legal advice before proposing any workplace examination. Where we operate, tests are conducted at our offices only.
Every examination produces one of three outcomes
Understanding what each means — including inconclusive — matters before any workplace test. Remember: a result may never be the sole basis for employment action.
No Deception Indicated
The physiological data does not indicate deception on the relevant questions. The examinee’s responses are consistent with truthful answers. Commonly referred to as a “pass.”
Deception Indicated
The data suggests deceptive responses to one or more relevant questions. Under EPPA this alone cannot justify dismissal or discipline — additional supporting evidence is required.
Inconclusive
The data is insufficient to support a definitive finding either way. This is not a fail. It occurs in roughly 10–15% of examinations; a retest may be arranged where appropriate.
Guides worth reading first
Understand the law, your rights, and the process before requesting or agreeing to any workplace test.
Common questions about employee polygraph testing
Can my employer make me take a polygraph?
No. Under the EPPA, most private employers may not require, request, or even suggest that you take a lie detector test. Testing is always voluntary — you can decline. The narrow exceptions (an ongoing investigation into a specific loss, or certain exempt employers) still require your voluntary participation and preserve your rights.
Can I be fired for refusing?
Not solely for refusing. EPPA prohibits an employer from discharging, disciplining, or discriminating against you based only on your refusal to take a test — or based only on a test result. Any employment decision needs additional supporting evidence beyond the polygraph itself. If you believe you were penalised for refusing, seek legal advice promptly.
Is pre-employment polygraph testing allowed?
Generally no. Ordinary private employers cannot use polygraphs to screen job applicants. Limited pre-employment testing is permitted only for a few exempt employers — certain security service firms (armored car, alarm, guard) and pharmaceutical manufacturers, distributors, and dispensers — and even then only for qualifying roles, with the applicant’s rights intact. Government employers are outside EPPA entirely.
When can an employer lawfully request a test?
The most common lawful route is the ongoing-investigation exemption: a private employer may ask a current employee to take a voluntary test where there is a specific economic loss (such as theft), the employee had access, there is a documented reasonable suspicion, and the employer gives the employee a signed written statement beforehand. All conditions must be met.
Does the EPPA apply in the UK or Canada?
No. EPPA is a US federal law. The UK has no direct equivalent but employment, consent, and data-protection rules still apply, and a test cannot be a condition of employment. Canada’s provincial privacy and labour laws apply, with some provinces restricting employer polygraph use. Employers abroad should take local legal advice.
Are your examiners qualified?
Our examiners are trained to American Polygraph Association (APA) standards and use validated, evidence-based techniques. Every examination follows a structured pre-test, in-test, and reporting process. We do not offer app-based, phone, or online “lie detector” tests — those have no scientific basis.
Where does the test take place?
At one of our controlled office locations in the US, Canada, or UK. We conduct examinations in offices only — we do not carry out workplace, home, or mobile visits. A private, controlled environment is essential to a valid examination.
How much does it cost and how does the deposit work?
Pricing depends on the case. A non-refundable booking-fee deposit ($100 USD/CAD, £150 UK) secures your appointment and is deducted from your total — and is fully refunded only if we cannot accept your case or arrange an appointment. The balance is confirmed after your case is assessed. See our pricing page for details.
Workplace polygraph — done the lawful way.
If you are an employer weighing a test, or an employee who has been asked to take one, talk to us first. Examiners trained to APA standards. Strictly EPPA-aware. Office locations across the US, Canada & the UK. Employers should also take independent legal advice.