21 Mayor Thomas J Mcgrath Hwy, Quincy MA 02169
Q & A
Questions & Answers in Quincy, MA
Who uses polygraph services?
Law Enforcement Agencies:
All federal law enforcement agencies employ there own examiners such as the FBI, CIA, Secret Service, US Army, Marine, Navy, CID, US Customs, US Marshals, Internal Revenue Service, and the US Post Office.
Marital and Family Counselors:
Alleviate fears to spouse and family members.
Legal Community:
US Attorney Offices, District Attorneys, Public Defenders, Defense Attorneys, Parole & Probation Departments, and Private Attorneys.
Private Sector:
Companies and corporations under the restrictions and limitations of the Employee Polygraph Protection Act of 1988 (EPPA).
Attorneys in civil litigation:
Private citizens:
In matters not involving the legal or criminal justice system.
Where Is Polygraph Testing Used?
Marital and Domestic Issues:
Suspicions of infidelity, drug use, or other negative behavior.
Sexual Harassment:
Disputes and conflicts in the workplace.
Criminal Charges:
To support statement made by witnesses, victims, or accused.
Sex Offender Management:
More than 15 states use Probation and Parole Monitoring Examinations.
Civil Disputes:
To support statements made by the participants.
What happens in a polygraph test?
The average polygraph test will usually last two to four hours.
A polygraph examination consists of:
* A pre-test interview
* The collection of charts, or the actual "test"
* The analysis of the polygraph charts
* A post-test interview
How accurate is a polygraph test?
While the polygraph technique is highly accurate, it is not infallible and errors do occur. According to the American Polgraph Association, over 250 studies have been conducted on the accuracy of the polygraph testing during the past 25 years and it is estimated that the accuracy of decisions is generally in the range 85-95% for specific issue investigations.
Is a polygraph test admissible in court?
* Only if ruled by the judge.
* U.S Supreme Court ruled, April 1998, that the SIXTH AMENDMENT gives no constitutional right to a criminal defendant, to present evidence at trial of passing a polygraph test.
Who is affected by EPPA?
This legislation only affects commercial businesses, Local, State and Federal governmental agencies (such as police departments) are not affected by the law, nor are public agencies, such as a school system or correctional Institution. In addition, there are exemptions in EPPA for some commercial businesses. These are:
1.Businesses under contract with the Federal Government Involving specified activities (e.g.. counterintelligence work).
2 Businesses whose primary purpose consists of providing armored car personnel, personnel involved in the design, installation and maintenance of security alarm systems, or security personnel In facilities which have a significant impact on the health or safety of any state, Examples of these facilities would be a nuclear or electric power plant, public water works, or toxic waste disposal.
3. Companies which manufacture, distribute or dispense controlled substances.
What is the Employee Polygraph Protection Act?
On December 27, 1988, the Employee Polygraph Protection Act (EPPA) became law. This federal law established guidelines for polygraph testing and imposed restrictions on most private employers.
How does EPPA affect businesses which are not exempt?
In general, businesses cannot request, suggest or require any job applicant to take a pre-employment polygraph examination. Secondly, businesses can request a current employee take a polygraph examination or suggest to such a person that a polygraph examination be taken, only when specific conditions have been satisfied. However, the employer cannot require current employees to take the examination, and if an employee refuses a request or suggestion, the employer cannot discipline or discharge the employee based on the refusal to submit to the examination.
What are the conditions that an employer must meet in order to ask a current employee to take a polygraph examination?
Four criteria must be met before an employer can ask a current employee to take a polygraph examination. These are:
1. The request must be relative to an ongoing specific investigation involving an economic loss to the employer.
2 The employee must have had access to the property, money or area central to the investigation. Access as defined In the law can mean physical presence or special knowledge, such as the combination to a safe.
3. The employer must have a reasonable suspicion that the employee was involved in the incident under investigation. Reasonable suspicion goes beyond having access, and incorporates such factors as a witness' statement, suspicious behavior on the part of the employee, or contradictions between the employee's statements and documented records.
4. At least 48 hours prior to the examination the employer must give to the employer a written statement which describes the nature of the loss and the investigation, as well as the basis for the employer's "reasonable suspicion."
