Polygraph testing as condition of employment

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§ 494a. Polygraph testing as condition of employment

(a) Except as provided in section 494b of this title, an employer or an employment agency shall 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:

(1) request or require that an employee or applicant for employment take or submit to a polygraph examination; or

(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 subchapter.

(b) An employer shall not refuse to hire, promote, or change the status of employment of an applicant for employment because the applicant refuses or declines a polygraph examination. (Added 1985, No. 89.)


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