In this recent case, a bank teller failed two polygraph tests administered by the local police and FBI after an attempted robbery of the branch. Managers at the bank learned the employee had failed the exams, although no further specifics were given by the police. Shortly after, the employee was let go.

Days later, he sued the bank, claiming his rights under the Employee Polygraph Protection Act (EPPA) were violated. A court agreed, noting although the bank couldn’t be sued for “passive acceptance” of the lie detector results — i.e., knowing the results of the exam — it could be prosecuted for improperly using those results.

Even if the test results weren’t the sole reason the employee was terminated, all he needed to do was show the bank “used” or “referred to” the polygraphs to sue under the EPPA.

Cite: Worden v. Sun Trust Banks, U.S. Crt. of Appeals, No. 07-1354.