§414 — Title 3 The President | U.S. Code

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

Title 3 › Chapter 5— EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL OFFICES › Subchapter II— EXTENSION OF RIGHTS AND PROTECTIONS › Part A— Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation › § 414

Last updated Apr 3, 2026|Official source

Summary

Employing offices cannot force covered employees to take lie detector tests that employers are not allowed to require under paragraphs (1), (2), or (3) of section 3 of the Employee Polygraph Protection Act of 1988. The same waiver rule in section 6(d) of that Act applies to these employees. If an office breaks this rule, the worker can get damages like those in section 6(c)(1) of the Act. The President or a designee must put rules into effect to carry this out. Those rules should match the Secretary of Labor’s main rules for the same parts of the Act unless the President gives a written, good reason to change them. These protections start when those rules take effect or on October 1, 1998, whichever comes first.

Title 3, §414

The President — Source: USLM XML via OLRC

(a)No employing office may require a covered employee to take a lie detector test where such a test would be prohibited if required by an employer under paragraph (1), (2), or (3) of section 3 of the Employee Polygraph Protection Act of 1988. In addition, the waiver provisions of section 6(d) of such Act shall apply to covered employees.

(b)The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under section 6(c)(1) of the Employee Polygraph Protection Act of 1988.

(c)(1)The President, or the designee of the President, shall issue regulations to implement this section.

(2)The regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.

(d)Subsections (a) and (b) shall take effect on the earlier of—

(1)the effective date of regulations issued under subsection (c); or

(2)October 1, 1998.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 3 and 6 of the Employee Polygraph Protection Act of 1988, referred to in subsecs. (a) and (b), are classified to section 2002 and 2005, respectively, of Title 29, Labor.

Statutory Notes and Related Subsidiaries

Effective Date

Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.