CODE OF VIRGINIA PROHIBITION OF USE OF CERTAIN QUESTIONS ON POLYGRAPH TESTS FOR EMPLOYMENT (ยง 40.1-51.4:3) No employer shall, as a condition of employment, require a prospective employee to answer questions in a polygraph test concerning the prospective employee’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. Violation of this section shall constitute a Class 1 misdemeanor. HISTORY: 1977, c. 521; 1990, c. 368.