Art. 100, § 95 ANNOTATED CODE OF MARYLAND LIE DETECTOR TESTS § 95. Lie detector test as a condition of employment prohibited. (a) Definitions. — (1) The following words have the meanings indicated. (2) The term "employer" as used in this subtitle means every employer engaged in any business or enterprise in this State, including the government of the State of Maryland, or any county, incorporated city or town, or other municipal corporation. (3) The term "applicant for employment or prospective employment or any employee" as used in this subtitle does not include a law enforcement officer as defined in § 727 of Article 27, or any employee of any law enforcement agency of the State of Maryland, or any county, incorporated city or town, or other municipal corporation. (b) Test prohibited; exemption. An employer may not 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. (c) Notice in application for employment. - All applications for employment shall contain the following notice: "Under Maryland law an employer may not require or demand 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. Any employer who violates this provision is guilty of a misdemeanor and subject to a fine not to exceed $100." This notice shall be set out in bold faced upper case type and be separately acknowledged by the signature of the applicant. (d) Investigation upon written complaint. 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. (e) Mediation and conciliation; injunctive or other relief. 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, or he may institute, on behalf of any aggrieved applicant for employment, action in any court of competent jurisdiction in the subdivision in which the violation occurred seeking injunctive relief or other relief including money damages, resulting from the violation under this subtitle. MINNESOTA STATUTES 181.75 Polygraph tests of employees or prospective employees prohibited Subdivision 1. Prohibition, penalty. No employer or agent thereof shall directly or indirectly solicit or require a polygraph, voice stress analysis, er any test purporting to test the honesty of any employee or prospective employee. No person shall sell to or interpret for an employer or his agent a test that he knows has been solicited or required by an employer or his agent to test the honesty of an employee.or prospective employee. An employer or agent or any person knowingly selling, administering, or interpreting tests in violation of this section is guilty of a misdemeanor. If an employee requests a polygraph test any employer or agent administering the test shall inform him that taking the test is voluntary. Subd. 2. Investigations. The department of labor and industry shall in vestigate suspected violations of this section. The department may refer any evidence available concerning violations of this section to the county attorney' of the appropriate county, who may with or without such reference, institute the appropriate criminal proceedings under this section. Subd. 3. Injunctive relief. In addition to the penalties provided by law for violation of this section, specifically and generally, whether or not injunctive relief is otherwise provided by law, the courts of this state are vested with Jurisdiction to prevent and restrain violations of this section and to require the payment of civil penalties. Whenever it shall appear to the satisfaction of the attorney general that this section has been or is being violated, he shall be entitled, on behalf of the state, to sue for and have injunctive relief in any court of competent jurisdiction against any such violation or threatened violation without abridging other penalties provided by law. Subd. 4. Individual remedies. In addition to the remedies otherwise provided by law, any person injured by a violation of this section may bring a civil action to recover any and all damages recoverable at law, together with costs and disbursements, including costs of investigation and reasonable attorney's fees, and receive other equitable relief as determined by the court. The court may, as appropriate, enter a consent judgment or decree without a finding of illegality. Laws 1973, c. 667, § 1. Amended by Laws 1976, c. 256, § 1, eff. April 14, 1976. 1978 Amendment. Revised this section which formerly provided: "No employer or agent thereof shall by direct or indirect coercion request or require a polygraph or any test purporting to test the honesty of any employee or prospective employee. An employer or agent 181.76 Disclosure of lie detector tests violating this section is guilty of a misdemeanor." Law Review Commentaries Polygraph tests in business. David T. Lykken, Ph.D. May-June 1976, 44 Hennepin Lawyer 4 prohibited No person shall disclose that another person has taken a polygraph or any. test purporting to test honesty or the results of that test except to the individual tested. If such a test is given after August 1, 1973 and at the employee's request, the results may be given only to persons authorized by the employee to receive the results. A person who violates this section is guilty of a misdemeanor. Laws 1973, c. 667, § 2. 181.77 Repealed by Laws 1976, c. 256, § 2, eff. April 14, 1976 This section, derived from Laws 1973, c. 667, 3, provided: "Nothing in sections 181.75 to 181.77 shall be construed to prohibit the use of the polygraph test where a police chief determines that it is necessary to utilize the polygraph as an investigatory tool provided: (a) The questions asked the officer relate specifically, directly and narrowly to the past performance of his official duties. "(b) The officer is not required to waive immunity from prosecution. (c) The officer is advised that infor mation supplied through his answers cannot be used against him in a later criminal proceeding and that his refusal to cooperate in the investigation could result in disciplinary action, including dismissal." General Laws of Massachusetts LABOR & INDUSTRIES 149 § 20C 19B. Lie detector tests; use as condition of employment; penalty; ex ception Any employer who subjects any person employed by him, or any person applying for employment, including any person applying for employment as a police officer, to a lie detector test, or requests, directly or indirectly, any such employee or applicant to take a lie detector test, shall be punished by a fine of not more than two hundred dollars. This section shall not apply to lie detector tests administered by law enforcement agencies as may be otherwise permitted in criminal investigations. Amended by St.1973, c. 620. Suspension For provisions of 8t.1979, c. 146, authorizing the commissioner of labor and induntries to suspend provisions of this chapter, ace note proceding § 1 of this chapter. 1973 Amendment. St.1973, a 630, approved Aug. 9, 1973, in the first sentence, inserted "including any person applying for employment as a police officer," and substituted "requests" for "causes"; and substituted, in the second sentence, "as may be otherwise permitted in criminal investigations" for "in the performance of their official duties". Law Review Commentaries Polygraph: Argument for admissibility. (1969) 4 Suffolk U.L.Rev. 111. Polygraph; problems remaining. (1973) 53 Boston U.L.Rev. 375. MONTANA CODE ANNOTATED Adopted by Chapter 1, Laws of 1979 30-2-3 (2) This section shall not apply to public law enforcement agencies. NEW JERSEY STATUTES ARTICLE 9A. CERTAIN ACTS RELATING TO EMPLOYMENT AND EMPLOYEES 2A:170-90.1 Employer requiring lie detector test as condition of employment Any person who as an employer shall influence, request or require an employee to take or submit to a lie detector test as a condition of employment or continued employment, is a disorderly person. L.1966, c. 114, § 1, eff. June 17, 1966. 72 733. Definitions. 734. Practitioner limitations. 735. Employer limitations. 738. Employee rights in related proceedings. 737. Supplemental provisions. 738 Actions for damages 739. Applicability of article. $733. Definitions As used in this article: 1. “Employer” means any individual, person, corporation, department, board, bureau, agency, commission, division, office, council or com mittee of the state government, public benefit corporation, public authority or political subdivision of the state, or other business entity, which employs or seeks to employ an individual or individuals. All provisions of this article pertaining to employers shall apply in equal force and effect to their agents and representatives. 2 "Employee" means an individual employed by an employer. 3 "Prospective employee" means an individual seeking or being sought for employment with an employer. 4. "Psychological stress evaluator" means any mechanical device or instrument which purports to determine the truth or falsity of statements made by an employee or prospective employee on the basis of vocal fluctuations or vocal stress. 6. "Psychological stress evaluator examination" means: (a) the questioning or interviewing of an employee or prospective employee for the purpose of subjecting the statements of such employee or prospective employee to analysis by a psychological stress evaluator; (b) the recording of statements made by an employee or prospective employee for the purpose of subjecting such statements to analysis by a paychological stress evaluator; or (e) analyzing, with a psychological stress evaluator, statements made by an employee or prospective employee for the purpose of determining the truth or falsity of such statements. Added L.1978, e. 30, § 1. Effective Date. Section effective 180 days after Mar. 27, 1978 pursoant to L.1978, c. 30, 12. Library References Labor Relations 47. relations. 1978, Op.Atty.Gen. (Inf.) May 28. 2. Ageat The fact that an employer pays taxes for police services does not make a policeman an agent of the particular taxpayer, and, accordingly, a policeman would not be in violation of this article if he were to use a PSE to conduct an investigation of a crime. 1978, Op.Atty.Gen. (Inf.) May 28. 1. It shall be unlawful for any individual to knowingly administer or participate in the administration of a psychological stress evaluator examination of an employee or prospective employee as defined in seetion seven hundred thirty-three of this chapter. 2. Any individual violating any of the provisions of this section shall be guilty of a class B misdemeanor upon the first conviction and upon any subsequent convictions shall be guilty of a class A misdemeanor. Added L.1978, e. 30, § 1. Effective Date. Bection effective 180 days after Mar. 27, 1978 pursu ant to L.1978, e. 30, 2. OF CONG 736. Employer limitations 1. No employer or his agent shall require, request, suggest or knowingly permit any employee or prospective employee of such employer to submit to a paychological stress evaluator examination and no employer shall administer or utilize the results of such test within or without the state of New York for any reason whatsoever. 2. A violation of any of the provisions of this section shall be a clasa B misdemeanor upon the first conviction and upon any subsequent conviction a class A misdemeanor. Added L.1978, c. 30, § 1. Effective Date. Section effective 180 days after Mar. 27, 1978 pureuant to L.1978, c. 30, § 2. 1. Employer and employee relations ployer and employee relations when A policeman is not engaged in em. he is engaged in a criminal investiga tion, and he would not be in violation of the law if he were to conduct a paychological stress evaluator exami Bation during the course of a criminal investigation. 1978, Op.Atty.Cen. (Inf.) May 26. 736. Employee rights in related proceedings No employee shall be discharged, disciplined or discriminated against in any manner for filing a complaint or testifying in any proceeding or action involving violations of the provisions of this article. Any emtion shall be compensated by his employer for double the amount of any ployee discriminated against in violation of the provisions of this seeloss of wages and benefits arising out of such discrimination and shall be restored to his previous position of employment. Added L.1978, c. 30, § 1. Effective Date. Section effective 180 days after Mar. 27, 1978 pursuant to L1978, c. 80, 12, 737. Supplemental provisions No individual shall administer or participate in the administration of dividual seeking employment outside the state of New York or for the a paychological stress evaluator examination within the state to any inpurpose of continuing employment outside the state of New York. Any class B misdemeanor upon first conviction and upon any subsequent conindividual violating the provisions of this section shall be guilty of a victions shall be guilty of a class A misdemeanor. Added L1978, c. 30, 1; amended L1978, e. 31, § 1. 1978 Amendment. L.1978, c. 31, 1, eff. 180 days after Mar. 27, 1978, following "psychological stress" inserted "evaluator." 788. Actions for damages Effective Date. Section effective 180 days after Mar. 27, 1978 parauant to 1.1978, c. 30, § 2. RHODE ISLAND LIE DETECTOR TESTS AS CONDITIONS OF EMPLOYMENT SECTION. SECTION. 28-6.1-1. Lie detector tests prohibited. 28-6.1-2. Penalty for violations-Exception. ✔28.6.1-1. Lie detector tests prohibited. No employer or agent of any employer shall require or subject any employee to any lie detector tests as a condition of employment or continued employment. History of Section. Comparative Legislation. G. L., § 28-6.1-1, as assigned, P. L. 1964, ch. 229, § 1. Lie detector tests of employees prohibited: Mass. Laws Ann., ch. 149, § 19B. 28-6.1-2. Penalty for violations-Exception.-Any employer who subjects any person employed by him, or any person applying for employment, to a lie detector test, or causes, directly or indirectly, any such employee or applicant to take a lie detector test, shall be punished by a fine of not more than two hundred dollars ($200). This section shall not apply to lie detector tests administered by law enforcement agencies in the performance of their official duties. History of Section. G. L., § 28-6.1-2, as assigned, P. L. 1964, ch. 229, § 1. PENNSYLVANIA STATUTES § 7321. Lie detector tests (a) Offense defined.-A person is guilty of a misdemeanor of the second degree if he requires as a condition for employment or continuation of employment that an employe or other individual shall take a polygraph test or any form of a mechanical or electrical lie detector test. (b) Exception.-The provisions of subsection (a) of this section shall not apply to employes or other individuals in the field of public law enforcement or who dispense or have access to narcotics or dangerous drugs. 1972, Dec. 6, P.L. -, No. 334, § 1, eff. June 6, 1973. |