A. As used in this section, the term "lie detector test" means any test utilizing a polygraph or any other device, mechanism or instrument which is operated, or the results of which are used or interpreted by an examiner for the purpose of purporting to assist in or enable the detection of deception, the verification of truthfulness, or the rendering of a diagnostic opinion regarding the honesty of an individual.
B. Notwithstanding the provisions of § 40.1-2.1, it shall be unlawful for any law-enforcement agency as defined in § 9.1-500 or regional jail to require any employee to submit to a lie detector test, or to discharge, demote or otherwise discriminate against any employee for refusal or failure to take a lie detector test, except that the chief executive officer of a law-enforcement agency or the superintendent of a regional jail may, by written directive, require an employee to submit to a lie detector test related to a particular internal administrative investigation concerning allegations of misconduct or criminal activity. No employee required to submit to a lie detector test shall be discharged, demoted or otherwise discriminated against solely on the basis of the results of the lie detector test.
C. Any person who believes that he has been discharged, demoted or otherwise discriminated against by any person in violation of this section may, within 90 days after such alleged violation occurs, file a complaint with the Commissioner. Upon a finding by the Commissioner of a violation of this section, the Commissioner shall order, in the event of discharge or demotion, reinstatement of such person to his former position with back pay plus interest at a rate not to exceed eight percent per annum. Such orders of the Commissioner which have become final under the Virginia Administrative Process Act (§ 2.2-4000 et seq.) may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. The Commissioner, or his authorized representative, shall have the right to petition circuit court for injunctive or such other relief as may be necessary for enforcement of this section. No fees or costs shall be charged the Commonwealth by a court or any officer for or in connection with the filing of the complaint, pleadings, or other papers in any action authorized by this section.
D. The analysis of any polygraph test charts produced during any polygraph examination administered to a party or witness shall not be submitted, referenced, referred to, offered or presented in any manner in any proceeding conducted pursuant to § 2.2-1202.1 or conducted by any county, city or town except as to disciplinary or other actions taken against a polygrapher.
1994, c. 561; 1998, c. 140; 2000, cc. 585, 591; 2012, cc. 803, 835.
Structure Code of Virginia
Title 40.1 - Labor and Employment
Chapter 3 - Protection of Employees
§ 40.1-22. Safety and Health Codes Commission continued as Safety and Health Codes Board
§ 40.1-22.1. Governor authorized to enter certain agreements
§ 40.1-27. Preventing employment by others of former employee
§ 40.1-27.1. Discharge of employee for absence due to work-related injury prohibited
§ 40.1-27.2. Preference for veterans and spouses
§ 40.1-27.3. Retaliatory action against employee prohibited
§ 40.1-27.4. Discipline for employee's medicinal use of cannabis oil prohibited
§ 40.1-28. Unlawful to require payment for medical examination as condition of employment
§ 40.1-28.6. Equal pay irrespective of sex
§ 40.1-28.7:1. Genetic testing or genetic characteristics as a condition of employment
§ 40.1-28.7:2. Employers to allow crime victims leave to attend criminal proceedings
§ 40.1-28.7:3. Earned income tax credit; employer notice to employee
§ 40.1-28.7:4. Release of employee's personal identifying information
§ 40.1-28.7:5. Social media accounts of current and prospective employees
§ 40.1-28.7:6. Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy
§ 40.1-28.7:7. Misclassification of workers
§ 40.1-28.7:8. Covenants not to compete prohibited as to low-wage employees; civil penalty
§ 40.1-28.9. Definitions; determining wage of tipped employee
§ 40.1-28.12. Employee's remedies
§ 40.1-29.1. Investigations of employers for nonpayment of wages
§ 40.1-29.2. Employer liability
§ 40.1-29.3. Overtime for certain employees
§ 40.1-30. Registration of certain nonresident employers with Department
§ 40.1-31. Assignment of wages and salaries; requirements
§ 40.1-32. Partial assignments invalid
§ 40.1-33. Certain assignments not affected
§ 40.1-33.1. Retaliatory actions prohibited; civil penalty
§ 40.1-33.2. Discriminatory actions prohibited
§ 40.1-33.4. Accrual of paid sick leave
§ 40.1-33.5. Use of paid sick leave
§ 40.1-33.6. Retaliatory action prohibited
§ 40.1-44.1. Rules and regulations relating to tramways and other hauling and lifting devices
§ 40.1-49.5. Appeals to Court of Appeals
§ 40.1-49.6. Same; attorneys for Commonwealth
§ 40.1-49.7. Same; publication of orders
§ 40.1-49.8. Inspections of workplace
§ 40.1-49.9. Issuance of warrant
§ 40.1-49.10. Duration of warrant
§ 40.1-49.11. Conduct of inspection, testing, or collection of samples for analysis
§ 40.1-49.12. Review by courts
§ 40.1-49.13. Voluntary Protection Program
§ 40.1-51. State Health Commissioner to provide advice and aid; rules and regulations
§ 40.1-51.1. Duties of employers
§ 40.1-51.2. Rights and duties of employees
§ 40.1-51.2:1. Discrimination against employee for exercising rights prohibited
§ 40.1-51.2:2. Remedy for discrimination
§ 40.1-51.3. Duties of health and safety inspectors
§ 40.1-51.3:1. Penalty for giving advance notice of safety or health inspection under this title
§ 40.1-51.4:1. Confidentiality of trade secrets
§ 40.1-51.4:2. Penalty for making false statements, etc.
§ 40.1-51.4:3. Prohibition of use of certain questions on polygraph tests for employment
§ 40.1-51.4:4. Prohibition of use of polygraphs in certain employment situations
§ 40.1-51.4:5. Immunity of employees for reporting threatening conduct