Virginia Lie Detector Tests laws & HR compliance analysis

Virginia Lie Detector Tests: What you need to know

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).
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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).
The state of Virginia regulates all polygraph examiners. The law allows only licensed polygraph examiners to conduct lie detector tests. Examiners must successfully complete a course, pass an examination, and meet specific qualifications to obtain a license. The license must be displayed prominently at the examiner's place of business. The examiner must meet specific procedural requirements when conducting a polygraph exam (VA Code Ann. Sec. 54.1-1800 et seq., 18 VAC 120-30-10et seq.).
Under the federal Employee Polygraph Protection Act of 1988(29 USC 2001et seq.), ...

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