40.1-51.4:4 - Prohibition of use of polygraphs in certain employment situations
§ 40.1-51.4:4. Prohibition of use of polygraphs in certain employmentsituations.
A. As used in this section, the term "lie detector test" means any testutilizing a polygraph or any other device, mechanism or instrument which isoperated, or the results of which are used or interpreted by an examiner forthe purpose of purporting to assist in or enable the detection of deception,the verification of truthfulness, or the rendering of a diagnostic opinionregarding the honesty of an individual.
B. Notwithstanding the provisions of § 40.1-2.1, it shall be unlawful for anylaw-enforcement agency as defined in § 9.1-500 or regional jail to requireany employee to submit to a lie detector test, or to discharge, demote orotherwise discriminate against any employee for refusal or failure to take alie detector test, except that the chief executive officer of alaw-enforcement agency or the superintendent of a regional jail may, bywritten directive, require an employee to submit to a lie detector testrelated to a particular internal administrative investigation concerningallegations of misconduct or criminal activity. No employee required tosubmit to a lie detector test shall be discharged, demoted or otherwisediscriminated against solely on the basis of the results of the lie detectortest.
C. Any person who believes that he has been discharged, demoted or otherwisediscriminated against by any person in violation of this section may, withinninety days after such alleged violation occurs, file a complaint with theCommissioner. Upon a finding by the Commissioner of a violation of thissection, the Commissioner shall order, in the event of discharge or demotion,reinstatement of such person to his former position with back pay plusinterest at a rate not to exceed eight percent per annum. Such orders of theCommissioner which have become final under the Virginia AdministrativeProcess Act (§ 2.2-4000 et seq.) may be recorded, enforced and satisfied asorders or decrees of a circuit court upon certification of such orders by theCommissioner. The Commissioner, or his authorized representative, shall havethe right to petition circuit court for injunctive or such other relief asmay be necessary for enforcement of this section. No fees or costs shall becharged the Commonwealth by a court or any officer for or in connection withthe filing of the complaint, pleadings, or other papers in any actionauthorized by this section.
D. The analysis of any polygraph test charts produced during any polygraphexamination administered to a party or witness shall not be submitted,referenced, referred to, offered or presented in any manner in any proceedingconducted pursuant to Chapter 10 (§ 2.2-1000 et seq.) of Title 2.2 orconducted by any county, city or town except as to disciplinary or otheractions taken against a polygrapher.
(1994, c. 561; 1998, c. 140; 2000, cc. 585, 591.)