Answer to Question 1
The exceptions under the EPPA allow polygraph testing under the following circumstances:
Private employees who are working as consultants to, or are employees of firms that are contractors to federal national security intelligence operations;
Employers engaged in the provision of private security services, armored car services, or the installation and maintenance of security alarm systems may require polygraph testing of certain prospective employees;
Employers whose business involves the manufacture, sale, or distribution of controlled substances (drugs) are authorized to test employees who have direct access to the controlled substances; and
Employers who have a reasonable basis to suspect that employees may have been involved in an incident that resulted in economic loss to the employer may request that those employees take polygraph tests.
Answer to Question 2
The instances in which employers conduct criminal record background checks on applicants are as follows:
Tennessee law requires applicants for jobs with public schools to disclose any prior convictions.
Texas law allows institutions of higher education to obtain background checks on applicants for security-sensitive positions.
Vermont requires persons employed as private security officers, armed guards or couriers, guard dog handlers, and applicants for private detective licenses to undergo background checks for prior convictions.
Missouri requires criminal background checks for persons working as home care providers, youth service workers, school bus drivers, and nursing home workers.
North Carolina requires a background check for applicants and employees in nuclear power plants.
Indiana law requires criminal background checks for employees of the state Lottery Commission.
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