Employment Testing

In California, truth-verification tests (commonly known as lie detector tests) in pre-employment screening are subject to stringent regulations under federal and state laws. Employers typically request two types of exams: the Pre-Employment Exam and the Specific Loss Exam.

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Federal Regulations

The Employee Polygraph Protection Act of 1988 (EPPA) generally prohibits private employers from requiring or requesting employees or job applicants to take polygraph tests. Federal, state and local governments are excluded. Exceptions to this prohibition include certain security service firms and pharmaceutical companies, where truth-verification testing may be permitted under specific conditions.

To employees who are reasonably suspected of involvement in a workplace incident that results in economic loss to the employer and who had access to the property that is the subject of an investigation.
To prospective employees of armoured car, security alarm, and security guard firms who protect facilities, materials or operations affecting health or safety, national security, or currency and other like instruments.
To prospective employees of pharmaceutical and other firms authorized to manufacture, distribute, or dispense controlled substances who will have direct access to such controlled substances, as well as current employee who had access to persons or property that are the subject of an ongoing investigation.

U.S. Department of Labor

California State Regulations

California law aligns with federal regulations and further restricts the use of truth-verification tests in employment contexts. Under California Labor Code Section 432.2, private employers are prohibited from requiring or requesting employees or applicants to submit to an examination as a condition of employment or continued employment. This prohibition applies regardless of whether the test is administered for pre-employment screening or during employment.

Exceptions

While private employers are generally prohibited from using truth-verification tests, certain public sector positions may require such testing, particularly in law enforcement and security. For example, positions within federal government agencies that involve criminal justice, law enforcement, or handling sensitive information often mandate pre-employment polygraph examinations.
Given the complexities and potential legal implications surrounding truth-verification testing in employment, employers and individuals should consult legal professionals to ensure compliance with applicable laws.

Specific Loss Exams

Questions about specific losses must be limited to the specific loss only. The examiner cannot ask questions about losses other than those listed in the notification form.