§414 Rights and Protections Under the Employee Polygraph Protection Act of 1988

Summary

Federal agencies must not force covered employees to take lie detector tests if the Employee Polygraph Protection Act of 1988 would bar those tests when required by an employer under paragraph (1), (2), or (3) of section 3. The same waiver rules in section 6(d) of that Act apply to covered employees. If an agency breaks this rule, the injured person can get the same damages allowed under section 6(c)(1) of the Act. The President or a person the President picks must write rules to carry this out. Those rules should follow the Labor Secretary’s rules for the same parts of the Polygraph Act unless the President gives a written, good reason to change them. The no-test rule and the damages rule start on the earlier of the rules’ effective date or October 1, 1998. "Covered employee" is a term defined elsewhere in the law.