Can a California State Agency Employee Be Fired for Failing a Polygraph Test for Another State Agency?

Question from Jason, Can a California State Agency Employee Be Fired for Failing a Polygraph Test for Another State Agency?

Answer from AI:

In general, employment in the United States is considered “at-will,” meaning an employer can terminate an employee for any reason, as long as it’s not illegal. However, the use of polygraph test results in employment decisions is regulated by the Employee Polygraph Protection Act (EPPA) of 1988.

Employee Polygraph Protection Act (EPPA)

The EPPA prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. However, it does allow polygraph tests to be used in connection with jobs in security and handling drugs.

Does EPPA Apply to Government Agencies?

The EPPA does not apply to federal, state, and local government agencies. Therefore, a government agency like the California Department of Corrections and Rehabilitation could potentially use polygraph test results in employment decisions. However, this would likely depend on the specific circumstances and the agency’s own policies.

California State Laws

California has its own laws regarding polygraph tests. Under California Labor Code Section 432.2, employers are generally prohibited from requiring or requesting an employee or job applicant to take a polygraph test. However, this law does not apply to public employees in the area of law enforcement.

Use of Polygraph Test Results by Current Employer

Whether your current employer, the California Department of Corrections and Rehabilitation, can use your failed polygraph test results from another agency to fire you is a complex issue. It would likely depend on factors such as:

• The relevance of the polygraph test results to your current job duties
• The policies of the California Department of Corrections and Rehabilitation
• Any applicable collective bargaining agreements or employment contracts

It’s important to note that this is a complex legal issue and the above information is a general overview. For advice tailored to your specific situation, you should consult with a legal professional.

Resources

For more information on the EPPA, you can visit the U.S. Department of Labor’s website. For information on California’s laws regarding polygraph tests, you can visit the California Legislative Information website.