276 § 100A PROBATION OFFICERS When records of criminal appearances and criminal dispositions are sealed by the commissioner in his files, he shall notify forthwith the clerk and the probation officer of the courts in which the convictions or dispositions have occurred, or other entries have been made, of such sealing, and said clerks and probation officers likewise shall seal records of the same proceedings in their files. Such sealed records shall not operate to disqualify a person in any examination, appointment or application for public service in the service of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions, except in imposing sentence in subsequent criminal proceedings. An application for employment used by an employer which seeks information concerning prior arrests or convictions of the applicant shall include the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer 'no record' with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commissioner of probation may answer 'no record' to an inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant for employment may answer 'no record' with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution." The attorney general may enforce the provisions of this paragraph by a suit in equity commenced in the superior court. The commissioner, in response to inquiries by authorized persons other than any law enforcement agency, any court, or any appointing authority, shall in the case of a sealed record or in the case of court appearances and adjudications in a case of delinquency or the case of a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution, report that no record exists. Amended by St.1973, c. 533, 2, 3; 8t.1973, c. 1102, § 4; St.1974, c. 523; St.1975, c. 278. 1973 Amendments. St.1978, c. 633, 2, approved July 10, 1973, rewrote the third sentence of the first paragraph. Section 3 inserted the second paragraph. St.1973, c. 1102, § 4, approved Nov. 28, 1973, in the first sentence of the fifth paragraph, inserted the second sentence within the quoted statement. Sections 1 to 3 of St.1978, c. 1102, provided: "Section 1. Notwithstanding the provisions of any general or special law to the contrary, any person convicted prior to July first, nineteen hundred and seventy-two, for a first offense for the possession of marihuana who had no previous or subsequent conviction for the violation of any section of chapter ninety-four C of the General Laws or of any other provision of law relating to narcotic drugs or harmful drugs, shall, upon petition to the court in which he was so convicted, have his record sealed. "Section 2. Any person making application for an examination or appointment to public employment, who has no previous criminal record, except one the records of which are sealed under the authority of the provisions of section one, is hereby authorized to answer 'no' or 'none' to any question concerning a prior criminal record. "Section 8. The commissioner of probation, in response to inquiries by authorized persons other than a law enforcement agency or a court, shall, in the case of a sealed record, report that no-record exists, provided, however, that after a finding or verdict of guilty of a subsequent violation of any section of chapter ninety-four C of the General Laws, such sealed record shall be made available to the probation officer and the court which found such person guilty of the subsequent violation." 1974 Amendment. St.1974, c. 525, approved July 11, 1974, in the first paragraph, inserted clause (2) of the second sentence and renumbered the subsequent clauses therein accordingly, and deleted "punishable only by a fine or by imprisonment in a jail or house of correction" folowing the PSYCHIATRIC INFORMATION THE PUBLIC GENERAL LAWS OF MARYLAND § 95A. Questions pertaining to physical, psychological, or psychiatric illness, disability, handicap or treatment. (a) An employer may not require an applicant to answer any questions, written or oral, pertaining to any physical, psychological, or psychiatric illness, disability, handicap or treatment which does not bear a direct, material, and timely relationship to the applicant's fitness or capacity to properly perform the activities or responsibilities of the desired position. (b) This section does not prohibit a proper medical evaluation by a physician for the purpose of assessing an applicant's ability to perform a job. (c) Upon written complaint by an applicant for employment of an alleged violation of this subtitle, the Commissioner of Labor and Industry may cause an investigation to be made as to the existence of the alleged violation. (d) If the Commissioner determines that a violation exists, he is authorized to endeavor to resolve any issue involved under said violation by informal methods of mediation and conciliation. (e) The applicant may institute action in any court of competent jurisdiction for injunctive relief or other relief including money damages, resulting from violation under this subtitle. (1976, ch. 559; 1978, ch. 470.) 9A. For an employer himself or through his agent to refuse, unless based upon a bonafide occupational qualification, to hire or employ or to bar or discharge from employment any person by reason of his or her fallure to furnish information regarding his or her admission, on one or more occasions, voluntarily or involuntarily, to any public or private facility for the care and treatment of mentally ill persons, provided that such person has been discharged from such facility or facilities and can prove by a psychiatrist's certificate that he is mentally competent to perform the job or the job for which he is applying. No application for employment shall contain any questions or requests for information regarding the admission of an applicant, on one or more occasions, voluntarily or involuntarily, to any public or private facility for the care and treatment of mentally ill persons, provided that such applicant has been discharged from such public or private facility or facilities and is no longer under treatment directly related to such admission. LIE DETECTORS ALASKA STATUTES Sec. 23.10.037. Lie-detector tests. (a) No person either personally or through an agent or representative may request or suggest to a person in his employ or to a person who has an application for employment pending before him or require as a condition of employment that the employee or applicant submit to an examination in which a polygraph or other lie-detecting device is used. (b) The provisions of (a) of this section do not apply to the state or a political subdivision of the state when dealing with policemen in its employ or with persons applying to be employed as policemen. (c) In this section "person" includes the state and a political subdivision of the state. (d) A person who violates this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both. (§ 1 ch 36 SLA 1964) CALIFORNIA CODES $ 432.2 Polygraph or lie detector test as condition of employment No employer shall demand or require any applicant for employment or prospective employment or any employee to submit to or take a polygraph, lie detector or similar test or examination as a condition of employment or continued employment. The prohibition of this section does not apply to the federal government or any agency thereof or the state government or any agency or local subdivision thereof, including, but not limited to, counties, cities and counties, cities, districts, authorities, and agencies. (Added by Stats.1963, c. 1881, p. 3866, § 1.) Connecticut GENERAL STATUTES ANNOTATED 31-51g. Use of polygraph prohibited, when. Penalties (a) For the purposes of this section "polygraph" means any mechanical or electrical instrument or device of any type used or allegedly used to examine, test or question individuals for the purpose of determining truth, fulness. (b)(1) No person, firm, corporation, association or the state or any political subdivision thereof shall request or require any prospective em ployee or any employee to submit to, or take, a polygraph examination as a condition of obtaining employment or of continuing employment with such employer or dismiss or discipline in any manner an employee for failing, refusing or declining to submit to or take a polygraph examination. (2) No employment agency, as defined in section 31-129, and no agent for an employer shall require any person to submit to, or take, a polygraph examination for any purposes whatsoever. (c) Any person, firm, corporation or association which violates any provision of this section shall be fined not less than two hundred fifty dollars nor more than one thousand dollars for each violation. (d) The provisions of this section shall not apply to persons to be employed by the state or any local government or any political subdivision thereof in any police department except for civilian employees within the department, but shall apply with respect to obtaining and maintaining employment of other persons by the state or any local government or political subdivision thereof. (1975, P.A. 75-631.) §378-21 Unlawful. It shall be unlawful for a private employer or his agent, or an agent of a public employer to require an employee to submit to a polygraph or lie detector test as a condition of employment or continued employment. [L 1965, c 168, §1; Supp, §90A-20] §378-22 Penalty. Any person who unlawfully requires an employee to submit to polygraph or lie detector tests shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1965, c 168, §2; Supp, §90A-21] GENERAL LAWS OF IDAHO Polygraph tests prohibited. — No person, firm, corporation or other business entity or representative thereof, shall require as a condition for employment or continuation of employment any person or employee to take a polygraph test or any form of a so-called lie detector test. A violation of this section shall constitute a misdemeanor. (1973, ch. 279, § 1, p. 504.) Collateral References. PUBLIC WORKS 27 C.J.S., Disorderly Conduct, § 1(2). Employer's interrogation of employees concerning matters alleged in an unfair labor practice complaint, as unfair labor practice. 4 A.LR. Fed. 280. 44-1001 Comp. leg. Cal Deering's Codes, Labor Code, § 432.2. Ore. Rev. Stat., § 659.225. Mont. Rev. Codes 1947, § 41-119, 41-120. 44-904. Polygraph tests — Exclusions. — The provisions of this act shall not apply to any law enforcement agency of the United States of America, the state of Idaho, or any political subdivision or governmental entity thereof. (1973, ch. 279, § 2, p. 594.] Compiler's notes. The words "this act" refer to S.L. 1973, ch. 279, compiled as #44-903, 44-804. MICHIGAN 338.1726 Discharge of employees; refusal of polygraph exam ination or lie detector or similar test, untruthfulness during examination or test; admissibility of exam ination or test results Sec. 26. (1) An employer or agent shall not require a polygraph examination, lie detector test, or similar test of an employee. An employer or agent requesting any test of this type shall provide the employee with a copy of this section and section 19(j), (k), and (1).1 An employer or agent shall not discharge an employee solely because the employee refused or declined a polygraph examination, lie detec tor test, or similar test, by whatever name called. (2) An employer or agent shall not discharge an employee solely because of an alleged or actual opinion that the employee did not tell the truth during a polygraph examination, lie detector test, or similar test. (3) An employer or agent shall not use or employ the services of an unlicensed polygraph examiner for the detection of deception, verification of truthfulness, or measuring or recording the presence or absence of stress in the vocal response of an applicant for employment or an employee. (4) Nothing in this act shall be construed as permitting, or altering the status of, or admissibility of polygraph examination or lie detector test results as evidence in court, and the decision for or against the admissibility shall continue to be the prerogative of the court considering the matter. POLYGRAPH EXAMINERS 338.1727 (5) An employer or agent shall not require, as a condition of employment, or continued employment, that an employee sign a waiver of his rights. (6) An employer or agent thereof or an examiner found guilty of violating this section is guilty of a misdemeanor and shall be fined not more than $1,000.00. (7) An employer or agent found guilty of violating this section shall be liable to the discharged employee or employees for double the wages lost due to the illegal discharge and for court costs and reasonable attorney fees. P.A.1972, No. 295, § 26, Eff. Mar. 30, 1973. Amended by P.A.1975, No. 278, §1, Eff. March 31, 1976. 1 Section 338.1719), (k) and (5). |