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3 U.S.C. § 414 — Rights and protections under the Employee Polygraph Protection Act of 1988

submitted 30 years ago by Pub. L. 104-331 to r/title-3-THE-PRESIDENT · 228 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law stops certain government employers from requiring covered employees to take lie detector tests. The same limits that apply to private employers under the Employee Polygraph Protection Act apply here. An employee harmed by a violation can get the same damages the Act allows. The President must issue regulations to carry out this law.

(a) Polygraph Practices Prohibited
A covered "employing office" cannot require a covered employee to take a lie detector test in any situation where a private employer would be banned from requiring one under paragraphs (1), (2), or (3) of section 3 of the Employee Polygraph Protection Act of 1988. The waiver rules in section 6(d) of that Act — which let an employee agree to a test in limited situations — also apply to covered employees here.

(b) Remedy
If an employing office breaks the rule in (a), the covered employee can get the same kind of damages that section 6(c)(1) of the Employee Polygraph Protection Act of 1988 allows.

(c) Regulations To Implement Section
(1) In general
The President, or someone the President designates, must issue regulations to put this section into practice.
(2) Agency regulations
These regulations must match the substantive regulations the Secretary of Labor already issued to carry out the parts of the Employee Polygraph Protection Act that (a) and (b) refer to. The President or designee can depart from matching them only if there is good cause, that cause is stated together with the new regulation, and the change would work better to carry out the rights and protections under this section.

(d) Effective Date
Subsections (a) and (b) start applying on whichever comes first: the date regulations issued under (c) take effect, or October 1, 1998.

the actual law source: uscode.house.gov ↗public domain
(a)Polygraph Practices Prohibited.—

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)Remedy.—

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)Regulations To Implement Section.—
(1)In general.—

The President, or the designee of the President, shall issue regulations to implement this section.

(2)Agency regulations.—

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)Effective Date.—

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.

Source credit: (Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4058.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-331 · 110 Stat. 4058

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-331 on 1996-10-26.

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