United States Fourth Circuit

In a civil action by plaintiff-former employee against defendant-employer alleging that defendant violated two provisions of the Employee Polygraph Protection Act (EPPA), grant of defendant's motion for summary judgment is affirmed in part, reversed in part, and remanded where: 1) the district court did not err in granting defendant summary judgment on the section 2002(3) claim where it met the Price Waterhouse standard for avoiding liability on plaintiff's claim for unlawful termination; and 2) the district court erred in granting summary judgment where the "use", "refer to" prongs was based on an incorrect reading of the relationship of section 2002(2) and (3).

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Judges

Court

• United States Fourth Circuit

Counsel