Polygraph Testing Law Summaries

Polygraph Testing Law Summaries

Vermont, Polygraph Testing Law Summaries

Vermont's polygraph testing law is codified in the Vermont Statutes Annotated at Title 21, Chapter 5, Subchapter 5A, Section 494 -494e.

DEFINITIONS

“Employee” means every person who may be permitted, required or directed by any employer, in consideration of direct or indirect gain or profit, to perform services (Sec. 494).

“Prospective employee” means an individual seeking or being sought for employment with an employer (Sec. 494).

“Employer” means any individual, organization or governmental body, including any partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor , and any common carrier by mail, motor, water, air or express company doing business in or operating within this state, that has one or more individuals performing services for it within this state (Sec. 494).

“Polygraph examination” means any procedure that involves the use of instrumentation or a mechanical device to detect deception, to verify truthfulness or to render a diagnostic opinion regarding either of these, and includes a lie detector or similar test (Sec. 494).

COVERAGE

Private and governmental employers are covered by Vermont's polygraph testing law (Sec. 494).

EXCEPTIONS

The following employers may require that an applicant for employment take a polygraph examination, or administer or cause to be administered a polygraph examination to an applicant (Sec. 494b):

1. the department of public safety, municipal police departments and county sheriffs, as to sworn police officers and deputy sheriffs;

2. any employer whose primary business is the wholesale or retail sale of precious metals or gems and jewelry or items made from precious metals or gems;

3. any employer whose business includes the manufacture or the wholesale or retail sale of regulated drugs, provided, however, that only employees who come in contact with regulated drugs may be required to take a polygraph examination; and

4. any employer authorized or required under federal law or regulations to administer polygraph examinations.

PROCEDURES

Duties of polygraph examiner.- An examiner administering a polygraph examination must (Sec. 494c):

1. prior to the examination, provide the examinee with a copy of the polygraph testing law and a copy of all questions to be asked during the examination that may be retained by the examinee. This does not preclude follow-up questions as long as the examiner gives the examinee a copy of the questions.

2. inform the examinee as follows: (a) the examinee has the right to accept or refuse the examination; (b) the examinee has the right to halt an examination in progress at any time; (c) the examinee is not required to answer any questions or give any information; (d) any information the examinee volunteers could be used against the examinee, or made available to the employer, unless otherwise specified and agreed to in writing by the examinee.

3. provide the examinee with a copy of the examination results and all reports or analyses done by the examiner that are shared with the employer.

WHAT THE EMPLOYER MUST DO

Except as otherwise provided, an employer may not as a condition of employment, promotion or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, do any of the following (Sec. 494a):

1. request or require that an employee or applicant for employment take a polygraph examination;

2. administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment; or

3. request or require that an employee or applicant for employment give an express or implied waiver of a practice prohibited under this law.

Also, employers may not promote, refuse to hire, or change the status of employment of an applicant for employment because the applicant refuses or declines a polygraph examination (Sec. 494a).

Discrimination.- No employee may be discharged, disciplined or discriminated against for filing a complaint or testifying in any proceeding or action involving violations of Vermont's polygraph testing law (Sec. 494d).

NOTICE

An examiner administering a polygraph examination must (Sec. 494c):

1. prior to the examination, provide the examinee with a copy of the polygraph testing law and a copy of all questions to be asked during the examination that may be retained by the examinee. This does not preclude follow-up questions as long as the examiner gives the examinee a copy of the questions.

2. inform the examinee as follows: (a) the examinee has the right to accept or refuse the examination; (b) the examinee has the right to halt an examination in progress at any time; (c) the examinee is not required to answer any questions or give any information; (d) any information the examinee volunteers could be used against the examinee, or made available to the employer, unless otherwise specified and agreed to in writing by the examinee.

3. provide the examinee with a copy of the examination results and all reports or analyses done by the examiner that are shared with the employer.

TESTING

Except as otherwise provided, an employer may not as a condition of employment, promotion or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, do any of the following (Sec. 494a):

1. request or require that an employee or applicant for employment take a polygraph examination;

2. administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment; or

3. request or require that an employee or applicant for employment give an express or implied waiver of a practice prohibited under this law.

Also, employers may not promote, refuse to hire, or change the status of employment of an applicant for employment because the applicant refuses or declines a polygraph examination (Sec. 494a).

ENFORCEMENT

An employee discriminated against for filing a complaint or testifying in any proceeding or action involving polygraph law violations must be compensated by the employer for any loss of wages and benefits arising out of discrimination and must be restored to the previous employment position (Sec. 494d).

PENALTIES

Violation of any of the provisions of the polygraph testing law is punishable by a fine of not less than $500 nor more than $1,000, or imprisonment for not more than six months, or both, and the penalty may not be suspended (Sec. 494e).

<p>Violation of any of the provisions of the polygraph testing law is punishable by a fine of not less than $500 nor more than $1,000, or imprisonment for not more</p>

Vermont, Polygraph Testing Law Summaries

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