Code of Virginia - Title 40.1 Labor And Employment - Section 40.1-51.4:3 Prohibition of use of certain questions on polygraph tests for employment

§ 40.1-51.4:3. Prohibition of use of certain questions on polygraph tests for employment

No employer shall, as a condition of employment, require a prospective employee to answer questions in a polygraph test concerning the prospective employee's sexual activities unless such sexual activity of the prospective employee has resulted in a conviction of a violation of the criminal laws of this Commonwealth. Any written record of the results of a polygraph examination given to a prospective employee by an employer shall be destroyed or maintained on a confidential basis by the employer giving the examination and shall be open to inspection only upon agreement of the employee tested.

Violation of this section shall constitute a Class 1 misdemeanor.

(1977, c. 521; 1990, c. 368.)

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Last modified: April 3, 2009