Delaware Lie Detector Tests laws & HR compliance analysis

Delaware Lie Detector Tests: What you need to know

Delaware law prohibits employers from requiring, requesting, causing, or suggesting that any employee or prospective employee take a polygraph, lie detector, or similar test or examination as a condition of employment or continuation of employment. The law defines “lie detector” as including any electromechanical device that records or analyzes vocally produced sound frequency variations associated with stress for the purpose of determining the truth of any oral statement. Employers who violate this section are subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
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Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint, instituted proceedings, or testified in proceedings relating to this law is in violation of this section and subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
Exempt. Law enforcement agencies are allowed to administer polygraphs, lie detector tests, or similar tests or examinations in the performance of official duties, including police officer applicant background investigations (Del. Code Ann. Tit. 19 Sec. 704).
Under the federal Employee Polygraph Protection Act of 1988 (29 USC 2001et seq.), most private employers are prohibited from requiring employees or prospective employees to submit to lie detector tests. The law defines a "lie detector" as any mechanical or electrical device that is used to render a diagnostic opinion about the honesty or dishonesty of an individual. The definition includes polygraphs, deceptographs, voice stress analyzers, psychological stress evaluators, and similar devices (29 USC 2001). It is also ...

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