Polygraph exams — whether counterintelligence, lifestyle, or full-scope tests — can be part of certain cleared roles. But when you’re recruiting talent, the question arises: Is asking a candidate to take a polygraph test breaking federal labor law?
What Is the Employee Polygraph Protection Act (EPPA)?
The Employee Polygraph Protection Act (EPPA) is a federal law that generally prohibits most private-sector employers from using polygraph (lie detector) tests for pre-employment screening or during employment. Under the EPPA, employers may not require, request, or suggest that an applicant or employee take a polygraph, nor can they use polygraph results in hiring or employment decisions.
This means that in the private sector, simply asking a candidate if they’d take a polygraph as a condition of hiring could violate EPPA — unless an exemption applies.
Federal Government and EPPA Exemptions
Federal, state, and local government employers are exempt from EPPA’s restrictions, meaning government agencies can legally require polygraphs as part of their hiring processes.
Importantly for defense and intelligence recruiters, many cleared corporate roles are tied to government programs where polygraphs are expected. In these contexts, asking candidates about their willingness to take a polygraph is not a violation of EPPA because the law doesn’t apply to government employers — including their contractors in national security fields.
When Polygraphs Are Allowed Under EPPA
Even in the private sector, the EPPA permits polygraph tests in very limited circumstances, such as:
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For applicants to certain security firms (e.g., armored car services or security alarm companies).
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For employees reasonably suspected of involvement in a workplace criminal incident (like theft or embezzlement) that caused economic loss.
These exceptions are narrow and come with strict requirements about how the tests are administered.
What Recruiters Should Know
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Private-sector employers generally cannot ask job candidates to take a polygraph as a condition of employment without risking violation of EPPA.
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Government agencies and certain contractor roles, especially in defense and intelligence, are exempt — so it’s legal to discuss polygraph requirements with candidates.
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Always clarify whether a polygraph is part of the position’s requirements when recruiting cleared professionals to avoid confusion or unintended EPPA issues.
Understanding the boundaries of EPPA helps recruiters communicate expectations clearly, stay compliant, and respect candidates’ rights under federal law.
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