Hawaii Lie Detector Tests: What you need to know

Under Hawaii law, it is unlawful for any employer to (HI Rev. Stat. Sec. 378-26):
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• Require a prospective employee or employee to submit to a lie detector test as a condition of employment or continued employment;
• Terminate or otherwise discriminate against any employee or prospective employee for refusing to submit to a lie detector test;
• Ask an employee or prospective employee whether the employee or prospective employee is willing to submit to a lie detector test, unless the employee or prospective employee is informed orally and in writing that the test is voluntary and the refusal to submit to the test will not result in termination of the employee or will not jeopardize the prospective employee's chance of a job;
• Subject a prospective employee to a lie detector test that includes inquiries into the person's age, race, religion, ancestry, sex, sexual orientation, disability, color, marital status, or arrest or court record;
• Utilize any device that intrudes into any part or cavity of the body for the purpose of truth verification; or
• Discharge or otherwise discriminate against any employee or prospective employee because such person has filed a complaint, testified, or assisted in any proceeding respecting the unlawful practices prohibited by this law.
A “lie detector test” is defined as a test to detect deception or to verify the truth of statements through the use of any psychophysiological measuring device, such as polygraph tests and voice stress analyzers (HI Rev. Stat. Sec. 378-26).S
This law does not apply to lie detector tests administered by any law enforcement agency or the U.S. government, or conflict with or affect the application of security regulations in employment established by ...

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