Are employers allowed to require employees to submit to a polygraph test as a condition of employment?

In the state of Virginia, employers are generally not allowed to require employees to submit to a polygraph test as a condition of employment. The Virginia legislature has passed the Virginia Polygraph Examiners Act, which prohibits the use of polygraph tests in most employment situations. Under Virginia law, an employer is prohibited from asking employees or potential employees to take a polygraph test except in certain situations. If an employer suspects an employee of theft, or if the employee is in a position of trust and accessibility to money, merchandise, or property, the employer may be allowed to require the employee to take a polygraph test. Even if an employer is allowed to require an employee to take a polygraph test, the employee must give written consent to the test and the employer must provide certain information to the employee about the test. All tests must be conducted only by qualified persons and must be conducted in a manner approved by the Virginia Board of Polygraph Examiners. In addition, employers must provide employees who take polygraph tests with certain rights, such as the right to stop the test at any time and the right to obtain a printed or recorded copy of the results. In short, employers in Virginia are generally not allowed to require employees to submit to a polygraph test as a condition of employment. However, in certain circumstances, employers may be allowed to do so, provided that they adhere to the provisions of the Virginia Polygraph Examiners Act.

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