Employee Polygraph Protection Act of 1988

(Conference report filed in House, H. Rept. 100-659)

Employee Polygraph Protection Act of 1988 - Prohibits any employer from: (1) requiring or suggesting that an employee or prospective employee take a lie detector test; (2) using lie detector test results; or (3) taking employment action against an employee or prospective employee who refuses to take a lie detector test or institutes or testifies in a proceeding under or related to this Act.

Requires the Secretary to Labor (the Secretary) to prepare notices setting forth such prohibitions. Requires employers to post such notices.

Provides civil penalties for violations of this Act. Grants the Secretary authority to restrain violations of this Act.

Allows employees and prospective employees to bring civil actions against any employer who violates the provisions of this Act.

Exempts from coverage under this Act: (1) Federal, State, and local governments; (2) certain Federal contractors; (3) tests conducted pursuant to the performance of intelligence or counterintelligence functions or Federal security clearances; (4) certain security personnel and other security services; and (5) employers who are authorized to manufacture, distribute, or dispense controlled substances.

Provides a limited exemption under which an employer may request certain employees to submit to a polygraph test if the test is administered in connection with an ongoing investigation involving economic loss or injury to the employer's business, including theft, embezzlement, misappropriation, or an act of unlawful industrial espionage or sabotage. Specifies reporting requirements of the employer under such circumstances.

Declares that such limited exemption does not apply if an employee is discharged, dismissed, disciplined, or discriminated against in any manner on the basis of the results of one or more polygraph tests or the refusal to take a polygraph test, without additional supporting evidence.

Sets forth the rights of an examinee during a pretest phase, the actual testing phase, and the post-test phase.

Specifies the qualification of an examiner.

Prohibits the disclosure of information obtained from a polygraph test, except as provided by this Act.