{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-51.4_3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-51.4_3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-51.4_3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-51.4_3.html"}],"law_id":54456,"edition_id":1,"section_id":54456,"structure_id":13493,"section_number":"40.1-51.4:3","catch_line":"Prohibition of use of certain questions on polygraph tests for employment","history":"1977, c. 521; 1990, c. 368.","full_text":"No employer shall, as a condition of employment, require a prospective employee to answer questions in a polygraph test concerning the prospective employee&#8217;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.\n\t\tViolation of this section shall constitute a Class 1 misdemeanor.","order_by":null,"text":{"0":{"id":199856,"text":"No employer shall, as a condition of employment, require a prospective employee to answer questions in a polygraph test concerning the prospective employee&#8217;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.\n\t\tViolation of this section shall constitute a Class 1 misdemeanor.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13493,"edition_id":1,"name":"Safety Provisions","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:45:02","date_modified":"2026-06-26 03:45:02","permalink":{"id":220037,"object_type":"structure","relational_id":13493,"identifier":"5","token":"40.1\/3\/5","url":"\/40.1\/3\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75689,"structure_id":13493,"section_number":"40.1-41","catch_line":"Repealed","url":"\/40.1-41\/","token":"40.1\/3\/5\/40.1-41","metadata":false},{"id":60980,"structure_id":13493,"section_number":"40.1-44","catch_line":"Repealed","url":"\/40.1-44\/","token":"40.1\/3\/5\/40.1-44","metadata":false},{"id":55589,"structure_id":13493,"section_number":"40.1-44.1","catch_line":"Rules and regulations relating to tramways and other hauling and lifting devices","url":"\/40.1-44.1\/","token":"40.1\/3\/5\/40.1-44.1","metadata":false},{"id":56930,"structure_id":13493,"section_number":"40.1-45","catch_line":"Repealed","url":"\/40.1-45\/","token":"40.1\/3\/5\/40.1-45","metadata":false},{"id":58120,"structure_id":13493,"section_number":"40.1-49","catch_line":"Repealed","url":"\/40.1-49\/","token":"40.1\/3\/5\/40.1-49","metadata":false},{"id":85572,"structure_id":13493,"section_number":"40.1-49.1","catch_line":"Repealed","url":"\/40.1-49.1\/","token":"40.1\/3\/5\/40.1-49.1","metadata":false},{"id":66969,"structure_id":13493,"section_number":"40.1-49.10","catch_line":"Duration of warrant","url":"\/40.1-49.10\/","token":"40.1\/3\/5\/40.1-49.10","metadata":false},{"id":78471,"structure_id":13493,"section_number":"40.1-49.11","catch_line":"Conduct of inspection, testing, or collection of samples for analysis","url":"\/40.1-49.11\/","token":"40.1\/3\/5\/40.1-49.11","metadata":false},{"id":67213,"structure_id":13493,"section_number":"40.1-49.12","catch_line":"Review by courts","url":"\/40.1-49.12\/","token":"40.1\/3\/5\/40.1-49.12","metadata":false},{"id":57051,"structure_id":13493,"section_number":"40.1-49.13","catch_line":"Voluntary Protection Program","url":"\/40.1-49.13\/","token":"40.1\/3\/5\/40.1-49.13","metadata":false},{"id":78202,"structure_id":13493,"section_number":"40.1-49.2","catch_line":"Repealed","url":"\/40.1-49.2\/","token":"40.1\/3\/5\/40.1-49.2","metadata":false},{"id":75267,"structure_id":13493,"section_number":"40.1-49.3","catch_line":"Definitions","url":"\/40.1-49.3\/","token":"40.1\/3\/5\/40.1-49.3","metadata":false},{"id":81960,"structure_id":13493,"section_number":"40.1-49.4","catch_line":"Enforcement of this title and standards, rules or regulations for safety and health; 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The record of its establishment is cataloged in chapter 521 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1990, chapter 368.<\/p>","references":false,"refers_to":false,"permalink":{"id":220163,"object_type":"law","relational_id":54456,"identifier":"40.1-51.4:3","token":"40.1\/3\/5\/40.1-51.4_3","url":"\/40.1-51.4_3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-51.4_3\/","token":"40.1\/3\/5\/40.1-51.4_3","dublin_core":{"Title":"Prohibition of use of certain questions on polygraph tests for employment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-51.4:3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>No <span class=\"dictionary\">employer<\/span> shall, as a condition of employment, require a prospective <span class=\"dictionary\">employee<\/span> to answer questions in a polygraph test concerning the prospective <span class=\"dictionary\">employee<\/span>&#8217;s sexual activities unless such sexual activity of the prospective <span class=\"dictionary\">employee<\/span> has resulted in a <span class=\"dictionary\">conviction<\/span> of a violation of the criminal <span class=\"dictionary\">laws<\/span> of this Commonwealth. Any written record of the results of a polygraph examination given to a prospective <span class=\"dictionary\">employee<\/span> by an <span class=\"dictionary\">employer<\/span> shall be destroyed or maintained on a confidential basis by the <span class=\"dictionary\">employer<\/span> giving the examination and shall be open to inspection only upon agreement of the <span class=\"dictionary\">employee<\/span> tested.\n\t\tViolation of this section shall constitute a Class 1 <span class=\"dictionary\">misdemeanor<\/span>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROHIBITION OF USE OF CERTAIN QUESTIONS ON POLYGRAPH TESTS FOR EMPLOYMENT (\u00a7\n40.1-51.4:3)\n\nNo employer shall, as a condition of employment, require a prospective employee\nto answer questions in a polygraph test concerning the prospective\nemployee&#8217;s sexual activities unless such sexual activity of the\nprospective employee has resulted in a conviction of a violation of the criminal\nlaws of this Commonwealth. Any written record of the results of a polygraph\nexamination given to a prospective employee by an employer shall be destroyed or\nmaintained on a confidential basis by the employer giving the examination and\nshall be open to inspection only upon agreement of the employee tested.\n\t\tViolation of this section shall constitute a Class 1 misdemeanor.\n\nHISTORY: 1977, c. 521; 1990, c. 368.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}