2006 Code of Virginia § 40.1-51.4:3 - Prohibition of use of certain questions on polygraph tests for employment

40.1-51.4:3. Prohibition of use of certain questions on polygraph tests foremployment.

No employer shall, as a condition of employment, require a prospectiveemployee to answer questions in a polygraph test concerning the prospectiveemployee's sexual activities unless such sexual activity of the prospectiveemployee has resulted in a conviction of a violation of the criminal laws ofthis Commonwealth. Any written record of the results of a polygraphexamination given to a prospective employee by an employer shall be destroyedor maintained on a confidential basis by the employer giving the examinationand shall be open to inspection only upon agreement of the employee tested.

Violation of this section shall constitute a Class 1 misdemeanor.

(1977, c. 521; 1990, c. 368.)