['Recruiting and hiring']
['Employee Polygraph Protection Act']
07/17/2024
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Summary of differences between federal and state regulations
Polygraph protection
Polygraph protection provisions apply to employees and prospective employees in the private-sector and in state and local governments. 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 and prospective employees may not be denied employment, promotion or otherwise suffer a change in status for refusing to take a lie detector test.
Law enforcement agencies; employers whose primary business involves the sale of precious metals, gems, or jewelry; employers whose business includes the manufacture or sale of regulated drugs; and employers required by federal law to administer polygraph examinations may require applicants to take a lie detector test.
Polygraph examiners
Polygraph examiners need to be licensed by the state. The qualifications for obtaining a license include that the person must never have been convicted of a felony or misdemeanor involving moral turpitude, have met certain work experience requirements, and have successfully completed an approved training program.
Only those instruments that record visually, permanently, and simultaneously cardiovascular and respiratory response patterns can be used. Instruments can additionally record other physiological changes.
State
Contacts
Polygraph protection
Vermont Department of Labor and Industry, Wage and Hour Program
Polygraph examiners
Vermont Department of Public Safety, Vermont State Police, Polygraph Section
Regulations
Polygraph protection
Title 21, Chapter 5, Sections 494a and 494b of the Vermont Statutes Annotated
Polygraph examiners
Title 26, Chapter 53 of the Vermont Statutes Annotated
Federal
Contacts
U.S. Department of Labor, Wage and Hour Division
Regulations
29 CFR Part 801 §§801.1 – 801.75
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