Virginia does not prohibit the use of lie detector tests in employment situations. However, the state does prohibit the use of certain questions on polygraph tests for employment. Employers cannot, as a condition of employment, require a prospective employee to answer questions in a polygraph test concerning the applicant's sexual activities unless the applicant's sexual activity has resulted in a criminal conviction. Any written record of the results of a polygraph examination given to a prospective employee by an employer must either be destroyed or maintained on a confidential basis by the employer and will be open to inspection only if the tested employee agrees (VA Code Ann. Sec. 40.1-51.4:3).
Law enforcement agencies and jails. Law enforcement agencies and jails may not require any employee to take a lie detector test, except in the case of an internal investigation concerning allegations of misconduct or criminal activity. These employers may not discharge, demote, or otherwise discriminate against any employee for refusal or failure to take a lie detector test (VA Code Ann. Sec. 40.1-51.4:4).