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  1. #1
    Join Date
    Sep 2014
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    5

    Default Re: Employee Polygraph Protection Act (EPPA) Violation by Employer

    Thank you for the response and I appreciate the input.

    Can someone answer this question? If the Federal Law has an exemption that they seem to think they are covered by, but the State of California law covering the polygraph testing of employees is even more restrictive, and does not have the exemptions that are available under the federal law, the state law would be the one that applies. Is that correct?

    CA LABOR CODE
    SECTION 430-435
    432.2. (a) No employer shall demand or require any applicant for employment or prospective employment or any employee to submit to or take a polygraph, lie detector or similar test or examination as a condition of employment or continued employment. The prohibition of this section does not apply to the federal government or any agency thereof or the state government or any agency or local subdivision thereof, including, but not limited to, counties, cities and counties, cities, districts, authorities, and agencies.
    (b) No employer shall request any person to take such a test, or administer such a test, without first advising the person in writing at the time the test is to be administered of the rights guaranteed by this section.

    Also if anyone is reading this because they are considering taking a polygraph test, I would recommend finding the investigation that 60 minutes did about them. Its pretty old but very eye opening to say the least.
    http://youtu.be/ROhp2aS9pQU

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