EPPA Explained: The Employer’s Guide to the Employee Polygraph Protection Act

Navigating workplace investigations can be challenging, especially when considering the use of polygraph examinations. The Employee Polygraph Protection Act (EPPA) sets clear guidelines on what employers can and cannot do, ensuring fairness and protecting employees’ rights. Understanding EPPA is crucial for employers who want accurate, reliable results while staying fully compliant with federal law.

What EPPA Covers

Enacted in 1988, the EPPA restricts most private employers from requiring or requesting employees or job applicants to take a polygraph exam. The law is designed to protect employees from coercion and ensure that polygraph testing is used responsibly. Key provisions include:

• Prohibited uses – Employers generally cannot require polygraphs for pre-employment screening or during the course of employment, except in narrowly defined situations.

• Permitted exceptions – Certain roles, such as those in security services or pharmaceutical manufacturing, may require testing under strict guidelines.

• Employee rights – Individuals must be informed of their rights, consent must be voluntary, and results must be handled confidentially.

Why Employers Use Polygraph Exams Legally

When conducted within EPPA’s guidelines, polygraph exams provide employers with clear, objective information that can aid in internal investigations. These exams help:

• Resolve disputes – Clarify conflicting statements in cases of theft, workplace misconduct, or fraud.

• Protect the workplace – Identify potential security risks or policy violations before they escalate.

• Ensure compliance and documentation – Create a transparent record for HR and legal review.

By following EPPA, employers avoid legal pitfalls while benefiting from accurate, actionable results.

The Process: From Request to Report

Step 1: Consultation

• Review the case with a certified polygraph examiner.

• Ensure testing falls within EPPA exceptions.

Step 2: Examination

• The employee or applicant undergoes a confidential, professional polygraph.

• Validated techniques and advanced equipment are used to ensure accuracy.

Step 3: Analysis

• Collected data is carefully reviewed for reliability.

• Examiner verifies that results are clear and actionable.

Step 4: Report

• A professional, written report is delivered to the employer.

• Provides insights that support informed decisions while respecting employee rights.

This process ensures that employers receive more than just data—they gain trustworthy insights that support sound business decisions while respecting employee rights.

Why Choose Kimbrough Consulting

At Kimbrough Consulting, our team brings over 75 years of combined law enforcement and polygraph experience. We specialize in conducting polygraph exams that are both accurate and compliant with EPPA, giving employers peace of mind that results are reliable, confidential, and legally defensible.

Employers across North Carolina, Virginia, South Carolina, Georgia, and Florida rely on us because we:

• Deliver precise, dependable results backed by proven methodology.

• Understand legal and regulatory requirements, including EPPA compliance.

• Provide transparent reporting with no hidden fees, ensuring clarity for all parties.

Take the Next Step

If you are an employer seeking accurate, EPPA-compliant polygraph services, Kimbrough Consulting is here to help. Contact us today at 828-548-0085 or visit kimbroughpolygraph.com