California Private Investigator Practice Exam

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Can public employers require employees to take a polygraph test?

  1. Yes, always

  2. No, it is generally prohibited

  3. Yes, under any circumstances

  4. Only in criminal investigations

The correct answer is: No, it is generally prohibited

Public employers cannot generally require employees to take polygraph tests due to the limitations imposed by the Employee Polygraph Protection Act (EPPA) of 1988. This federal law prohibits most employers, including public ones, from using lie detector tests for pre-employment screening or during the course of employment, with specific exceptions. The key exceptions to this prohibition usually apply to certain government employers involved in national security or in specific types of investigations, such as those concerning theft or industrial espionage. However, even in these cases, stringent requirements govern the use of polygraph tests, making it difficult for public employers to mandate them broadly. Therefore, the general prohibition stands, aligning with the correct answer, which reflects the legal framework surrounding this issue.

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