District of Columbia Lie Detector Tests laws & HR compliance analysis

District of Columbia Lie Detector Tests: What you need to know

Under District of Columbia law, an employer may not administer or use the results of a lie detector test in connection with the application, consideration for employment, or employment of an individual, and may not demand that an employee or prospective employee submit to a lie detector test. Such actions are considered an invasion of privacy. The law applies to all employers that do business in D.C., except for the federal government. Employers are subject to a fine of $500 and a jail term of 30 days, or both, for violating the law, and they may be sued for damages and legal fees by the person who was required to take the test (DC Code Sec. 32-901et seq.). A waiver is not effective in shielding the employer from liability if a polygraph is administered.
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A "lie detector test" is defined as a polygraph, lie detector, or other test which by any mechanical, electrical, chemical, or physiological means attempts to determine whether or not a person is telling the truth.
Note: The provisions of this law do not apply to any criminal or internal disciplinary investigation, or preemployment investigation conducted by the metropolitan police, the fire department, and the Department of Corrections, provided that any information received from a lie detector test that renders an applicant ineligible for employment must be verified through other information, and no person may be denied employment solely on the basis of results of a preemployment lie detector test.
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 ...

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