The Economist22 Wrote:
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> hey aren't polygraphs for the sake of employment
> illegal in the state of virginia?
Here's the Virginia Code regarding polygraphs and employment:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+40.1-51.4C4
More specifically, § 40.1-51.4:4. Prohibition of use of polygraphs in certain employment situations.
"B. 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."
No *employee*. While you're in the employment process, you're not yet an employee.
It does also say that no employee can be "discriminated against solely on the basis of the result of the lie detector test", so my assumption (as I don't know exactly what goes on with it) is that they take your statements in the polygraph interview and compare it to facts they've uncovered during the background investigation. If they can prove without a reasonable doubt that you lied, you're gone.
So my understanding of the law above is that a polygraph for employment purposes is legal (although it's possible I'm missing another section on this subject), but is ILLEGAL to use as justification for termination, demotion or discrimination by an employer.
Oh, and nothing said in a polygraph interview can be submitted as evidence in a court of law.
"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 Chapter 10 (§ 2.2-1000 et seq.) of Title 2.2 or conducted by any county, city or town except as to disciplinary or other actions taken against a polygrapher."