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Polygraph protection
Polygraph protection provisions apply to employees and prospective employees in the private-sector and in state and local governments.
Under the Hawaii rules, an employer may not require a prospective employee or employee to submit to a lie detector test as a condition of employment or continued employment. Employees must be notified that any lie detector test is voluntary. Lie detector tests may not include inquiries that are discriminatory.
Employees and prospective employees may not be terminated, denied employment, or otherwise discriminated against for refusing to take a lie detector test. Employees and prospective employees may not be terminated, denied employment, or otherwise discriminated against for filing a complaint, testifying, or otherwise assisting with proceedings involving alleged violations of the requirements.
The rules do not apply to lie detector tests administered by any law enforcement agency, and they do not apply to psychological tests administered by a law enforcement agency to prospective employees of the agency. The rules do not apply to the United States and any subdivision of the United States. The rules do not apply if they conflict with or affect the application of security regulations in employment established by the United States or by the state.
Polygraph examiners
Lie detector tests detect deception or verify the truth of statements through the use of any psychophysiological measuring device, such as, but not limited to, polygraph tests and voice stress analyzers. Lie detector tests may not use any device that intrudes into any part or cavity of the body.
Hawaii does not have state-level polygraph examiner requirements. Examiners must meet the federal requirements at 29 CFR 801.26.
Contact
Department of Labor and Industrial Relations
Regulations
Polygraph protection
Haw. Rev. Stat. §378-2
Haw. Rev. Stat. §378-26
Polygraph examiners
Haw. Rev. Stat. §378-26
Haw. Rev. Stat. §378-26.5(5)
Contacts
U.S. Department of Labor, Wage and Hour Division
Regulations
29 CFR Part 801 §§801.1 – 801.75