{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-51.4_4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-51.4_4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-51.4_4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-51.4_4.html"}],"law_id":82115,"edition_id":1,"section_id":82115,"structure_id":13493,"section_number":"40.1-51.4:4","catch_line":"Prohibition of use of polygraphs in certain employment situations","history":"1994, c. 561; 1998, c. 140; 2000, cc. 585, 591; 2012, cc. 803, 835.","full_text":"A\n\nAs 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\n\nNotwithstanding 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\n\nAny 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\n\nThe 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.","order_by":null,"text":{"0":{"id":294287,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":294288,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":294289,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":294290,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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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rules and regulations","url":"\/40.1-51\/","token":"40.1\/3\/5\/40.1-51","metadata":false},{"id":85981,"structure_id":13493,"section_number":"40.1-51.1","catch_line":"Duties of employers","url":"\/40.1-51.1\/","token":"40.1\/3\/5\/40.1-51.1","metadata":false},{"id":59403,"structure_id":13493,"section_number":"40.1-51.1:1","catch_line":"Repealed","url":"\/40.1-51.1_1\/","token":"40.1\/3\/5\/40.1-51.1_1","metadata":false},{"id":83917,"structure_id":13493,"section_number":"40.1-51.2","catch_line":"Rights and duties of employees","url":"\/40.1-51.2\/","token":"40.1\/3\/5\/40.1-51.2","metadata":false},{"id":59338,"structure_id":13493,"section_number":"40.1-51.2:1","catch_line":"Discrimination against employee for exercising rights prohibited","url":"\/40.1-51.2_1\/","token":"40.1\/3\/5\/40.1-51.2_1","metadata":false},{"id":79410,"structure_id":13493,"section_number":"40.1-51.2:2","catch_line":"Remedy for discrimination","url":"\/40.1-51.2_2\/","token":"40.1\/3\/5\/40.1-51.2_2","metadata":false},{"id":74698,"structure_id":13493,"section_number":"40.1-51.3","catch_line":"Duties of health and safety inspectors","url":"\/40.1-51.3\/","token":"40.1\/3\/5\/40.1-51.3","metadata":false},{"id":83579,"structure_id":13493,"section_number":"40.1-51.3:1","catch_line":"Penalty for giving advance notice of safety or health inspection under this title","url":"\/40.1-51.3_1\/","token":"40.1\/3\/5\/40.1-51.3_1","metadata":false},{"id":81991,"structure_id":13493,"section_number":"40.1-51.3:2","catch_line":"Evidence of civil penalty against employer under state, federal, etc., safety codes inadmissible in personal injury or property damage trial","url":"\/40.1-51.3_2\/","token":"40.1\/3\/5\/40.1-51.3_2","metadata":false},{"id":65264,"structure_id":13493,"section_number":"40.1-51.4","catch_line":"Repealed","url":"\/40.1-51.4\/","token":"40.1\/3\/5\/40.1-51.4","metadata":false},{"id":73522,"structure_id":13493,"section_number":"40.1-51.4:1","catch_line":"Confidentiality of trade secrets","url":"\/40.1-51.4_1\/","token":"40.1\/3\/5\/40.1-51.4_1","metadata":false},{"id":78379,"structure_id":13493,"section_number":"40.1-51.4:2","catch_line":"Penalty for making false statements, etc","url":"\/40.1-51.4_2\/","token":"40.1\/3\/5\/40.1-51.4_2","metadata":false},{"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","url":"\/40.1-51.4_3\/","token":"40.1\/3\/5\/40.1-51.4_3","metadata":false},{"id":82115,"structure_id":13493,"section_number":"40.1-51.4:4","catch_line":"Prohibition of use of polygraphs in certain employment situations","url":"\/40.1-51.4_4\/","token":"40.1\/3\/5\/40.1-51.4_4","metadata":false},{"id":75314,"structure_id":13493,"section_number":"40.1-51.4:5","catch_line":"Immunity of employees for reporting threatening conduct","url":"\/40.1-51.4_5\/","token":"40.1\/3\/5\/40.1-51.4_5","metadata":false}],"previous_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","url":"\/40.1-51.4_3\/","token":"40.1\/3\/5\/40.1-51.4_3","metadata":false},"next_section":{"id":75314,"structure_id":13493,"section_number":"40.1-51.4:5","catch_line":"Immunity of employees for reporting threatening conduct","url":"\/40.1-51.4_5\/","token":"40.1\/3\/5\/40.1-51.4_5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-51.4:4\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 561<\/a> 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. It has been modified 3 times. 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. Those modifications are as follows: in 1998, chapter 140<\/a>; in 2000, chapters 585<\/a> and 591<\/a>; in 2012, chapters 803<\/a> and 835<\/a>.<\/p>","references":false,"refers_to":[{"id":80462,"section_number":"2.2-1202.1","catch_line":"Additional powers and duties of Director; employment dispute resolution","order_by":null,"url":"\/2.2-1202.1\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":56195,"section_number":"40.1-2.1","catch_line":"Application of title to Commonwealth and its agencies, etc.; safety and health program for public employees","order_by":null,"url":"\/40.1-2.1\/"},{"id":70463,"section_number":"9.1-500","catch_line":"Definitions","order_by":null,"url":"\/9.1-500\/"}],"permalink":{"id":220167,"object_type":"law","relational_id":82115,"identifier":"40.1-51.4:4","token":"40.1\/3\/5\/40.1-51.4_4","url":"\/40.1-51.4_4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-51.4_4\/","token":"40.1\/3\/5\/40.1-51.4_4","dublin_core":{"Title":"Prohibition of use of polygraphs in certain employment situations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-51.4:4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, the term “lie detector test<\/span>” 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<\/span> regarding the honesty of an individual. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of § 40.1-2.1<\/a>, it shall be unlawful for any law<\/span>-enforcement agency as defined in § 9.1-500<\/a> or regional jail to require any employee<\/span> to submit to a lie detector test<\/span>, or to discharge, demote or otherwise discriminate against any employee<\/span> for refusal or failure to take a lie detector test<\/span>, except that the chief executive officer of a law<\/span>-enforcement agency or the superintendent of a regional jail may, by written directive, require an employee<\/span> to submit to a lie detector test<\/span> related to a particular internal administrative investigation concerning allegations<\/span> of misconduct or criminal activity. No employee<\/span> required to submit to a lie detector test<\/span> shall be discharged, demoted or otherwise discriminated against solely on the basis of the results of the lie detector test<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 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<\/span>. Upon a finding<\/span> by the Commissioner<\/span> of a violation of this section, the Commissioner<\/span> shall order<\/span>, 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<\/span> of the Commissioner<\/span> which have become final under the Virginia Administrative Process Act (§ 2.2-4000<\/a> et seq.) may be recorded, enforced and satisfied as orders<\/span> or decrees<\/span> of a circuit<\/span> court<\/span> upon certification of such orders<\/span> by the Commissioner<\/span>. The Commissioner<\/span>, or his authorized representative, shall have the right to petition<\/span> circuit<\/span> court<\/span> 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<\/span> or any officer for or in connection with the filing of the complaint, pleadings<\/span>, or other papers in any action authorized by this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The analysis of any polygraph test charts produced during any polygraph examination administered to a party<\/span> or witness<\/span> shall not be submitted, referenced, referred to, offered or presented in any manner in any proceeding conducted pursuant to § 2.2-1202.1<\/a> or conducted by any county, city or town except as to disciplinary or other actions taken against a polygrapher. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITION OF USE OF POLYGRAPHS IN CERTAIN EMPLOYMENT SITUATIONS (\u00a7\n40.1-51.4:4)\n\nA. As used in this section, the term “lie detector test” means any\ntest utilizing a polygraph or any other device, mechanism or instrument which is\noperated, or the results of which are used or interpreted by an examiner for the\npurpose of purporting to assist in or enable the detection of deception, the\nverification of truthfulness, or the rendering of a diagnostic opinion regarding\nthe honesty of an individual.\n\nB. Notwithstanding the provisions of § 40.1-2.1, it shall be unlawful for\nany law-enforcement agency as defined in § 9.1-500 or regional jail to\nrequire any employee to submit to a lie detector test, or to discharge, demote\nor otherwise discriminate against any employee for refusal or failure to take a\nlie detector test, except that the chief executive officer of a law-enforcement\nagency or the superintendent of a regional jail may, by written directive,\nrequire an employee to submit to a lie detector test related to a particular\ninternal administrative investigation concerning allegations of misconduct or\ncriminal activity. No employee required to submit to a lie detector test shall\nbe discharged, demoted or otherwise discriminated against solely on the basis of\nthe results of the lie detector test.\n\nC. Any person who believes that he has been discharged, demoted or otherwise\ndiscriminated against by any person in violation of this section may, within 90\ndays after such alleged violation occurs, file a complaint with the\nCommissioner. Upon a finding by the Commissioner of a violation of this section,\nthe Commissioner shall order, in the event of discharge or demotion,\nreinstatement of such person to his former position with back pay plus interest\nat a rate not to exceed eight percent per annum. Such orders of the Commissioner\nwhich have become final under the Virginia Administrative Process Act (§\n2.2-4000 et seq.) may be recorded, enforced and satisfied as orders or decrees\nof a circuit court upon certification of such orders by the Commissioner. The\nCommissioner, or his authorized representative, shall have the right to petition\ncircuit court for injunctive or such other relief as may be necessary for\nenforcement of this section. No fees or costs shall be charged the Commonwealth\nby a court or any officer for or in connection with the filing of the complaint,\npleadings, or other papers in any action authorized by this section.\n\nD. The analysis of any polygraph test charts produced during any polygraph\nexamination administered to a party or witness shall not be submitted,\nreferenced, referred to, offered or presented in any manner in any proceeding\nconducted pursuant to § 2.2-1202.1 or conducted by any county, city or town\nexcept as to disciplinary or other actions taken against a polygrapher.\n\nHISTORY: 1994, c. 561; 1998, c. 140; 2000, cc. 585, 591; 2012, cc. 803, 835.","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}}