['Recruiting and hiring']
['Employee Polygraph Protection Act']
06/14/2024
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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. No applicant may be required to answer questions in a polygraph test about sexual activities unless the applicant has been previously convicted of the states’ sex crime laws.
Law enforcement agencies and regional jails may not require employees to take lie detector tests with the exception that the chief executive officer of a law-enforcement agency or the superintendent of a regional jail may require an employee to submit to a lie detector test that is related to an investigation of misconduct or criminal activity. The request must be in writing. The results of a lie detector test may not be the sole basis for employment action including discharge or demotion.
Polygraph examiners
Polygraph examiners need to be licensed by the state Polygraph Examiners Advisory Board. The qualifications for obtaining a license include that the person must be at least 18 years old; disclose any information on any previous disciplinary action concerning a polygraph examiners license; disclose information on any previous convictions; have met certain educational and work experience requirements; provide his/her fingerprints to the Board; provide his/her address, submit to an investigation by the Board, and pass an examination administered by the Board.
Only those instruments that record permanently and simultaneously cardiovascular and respiratory response patterns can be used. Instruments can additionally record other physiological changes.
State
Contacts
Polygraph protection
Virginia Department of Labor and Industry, Labor and Employment Law Division
Polygraph examiners
Virginia Department of Professional and Occupational Regulation, Polygraph Examiners Advisory Board
Regulations
Polygraph protection
Title 40.1, Chapter 3, Section 40.1-51.4:3 of the Virginia Code
Title 40.1, Chapter 3, Section 40.1-51.4:4 of the Virginia Code
Polygraph examiners
Title 54.1, Chapter 18 of the Virginia Code
Title 18, Agency 120, Chapter 30, Section 40 of the Virginia Administrative Code
Federal
Contacts
U.S. Department of Labor, Wage and Hour Division
Regulations
29 CFR Part 801 §§801.1 – 801.75
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