U.S. Code » Title 29 » Chapter CHAPTER 22— EMPLOYEE POLYGRAPH PROTECTION

29 U.S.C. § 2008

Disclosure of information

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(a) In general

A person, other than the examinee, may not disclose information obtained during a polygraph test, except as provided in this section.

(b) Permitted disclosuresA polygraph examiner may disclose information acquired from a polygraph test only to—(1) the examinee or any other person specifically designated in writing by the examinee;(2) the employer that requested the test; or(3) any court, governmental agency, arbitrator, or mediator, in accordance with due process of law, pursuant to an order from a court of competent jurisdiction.(c) Disclosure by employerAn employer (other than an employer described in subsection (a), (b), or (c) of section 2006 of this title) for whom a polygraph test is conducted may disclose information from the test only to—(1) a person in accordance with subsection (b); or(2) a governmental agency, but only insofar as the disclosed information is an admission of criminal conduct.(Pub. L. 100–347, § 9, June 27, 1988, 102 Stat. 652.)Statutory Notes and Related SubsidiariesEffective Date

Section effective 6 months after June 27, 1988, except that rules and regulations shall be issued not later than 90 days after June 27, 1988, see section 11 of Pub. L. 100–347, set out as a note under section 2001 of this title.

Notes of Decisions
Cited in 6 cases, 1990–2013 · leading case: Robin Orr v. Bank of Am., Nt & Sa, 285 F.3d 764 (9th Cir. 2002).
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Robin Orr v. Bank of Am., Nt & Sa, 285 F.3d 764 (9th Cir. 2002). “” 29 U.S.C. § 2008 . 33 Orr contends BOA disclosed her polygraph test results to the FDIC in violation of the EPPA.”
Donald Bass v. Wendy's of Downtown, Inc., 526 F. App'x 599 (6th Cir. 2013). · cites it 2× “Bass subsequently filed suit in the United States District Court for the Northern District of Ohio, alleging that: (1) Wendy’s had unlawfully disclosed the results of his polygraph examination, in violation of 29 U.S.C. § 2008 , and (2) Wendy’s had unlawfully discriminated…”
Hall v. United Parcel Serv. of Am., Inc., 5 I.E.R. Cas. (BNA) 616 (NY 1990). “The statute also imposes stringent restrictions on the disclosure of polygraph test results ( 29 USC § 2008 ). Although Congress made clear that the Federal statutory scheme was not intended to preempt more restrictive State legislation ( 29 USC § 2009 ), this detailed,…”
Mennen v. Easter Stores, 951 F. Supp. 838 (N.D. Iowa 1997). “" 29 U.S.C. § 2008 (c)(2). The EPPA says nothing about the disclosure of information by the governmental agency to the employer.”
Long v. Mango's Tropical Cafe, Inc., 972 F. Supp. 655 (S.D. Fla. 1997). “29 U.S.C.A. § 2008 (West Supp.1997). The violation occurred, Plaintiff alleges, when Mango’s owner, David Wallack, informed Mango’s employees at a staff meeting that Plaintiff had failed or not passed a polygraph exam.”
John E. Reid & Assocs., Inc. v. Illinois Human Rights Comm'n, 740 F. Supp. 1314 (N.D. Ill. 1990). “” 29 U.S.C. § 2008 (b)(3). The effective date of the Act was December 27, 1988.”
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