                                 CODE OF VIRGINIA

PROHIBITION OF USE OF POLYGRAPHS IN CERTAIN EMPLOYMENT SITUATIONS (§
40.1-51.4:4)

A. As used in this section, the term &#8220;lie detector test&#8221; 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 &#xA7; 40.1-2.1, it shall be unlawful for
any law-enforcement agency as defined in &#xA7; 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 (&#xA7;
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 &#xA7; 2.2-1202.1 or conducted by any county, city or town
except as to disciplinary or other actions taken against a polygrapher.

HISTORY: 1994, c. 561; 1998, c. 140; 2000, cc. 585, 591; 2012, cc. 803, 835.