[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR801.8]

[Page 722]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 801_APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
--Table of Contents
 
                            Subpart A_General
 
Sec. 801.8  Employment relationship.

    (a) EPPA broadly defines ``employer'' to include ``any person acting 
directly or indirectly in the interest of an employer in relationship to 
an employee or prospective employee'' (EPPA section 2(2)).
    (b) EPPA restrictions apply to State Employment Services, private 
employment placement agencies, job recruiting firms, and vocational 
trade schools with respect to persons who may be referred to potential 
employers. Such entities are not liable for EPPA violations, however, 
where the referrals are made to employers for whom no reason exists to 
know that the latter will perform polygraph testing of job applicants or 
otherwise violate the provisions of EPPA.
    (c) EPPA prohibitions against discrimination apply to former 
employees of an employer. For example, an employee may quit rather than 
take a lie detector test. The employer cannot discriminate or threaten 
to discriminate in any manner against that person (such as by providing 
bad references in the future) because of that person's refusal to be 
tested, or because that person files a complaint, institutes a 
proceeding, testifies in a proceeding, or exercises any right under 
EPPA.