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

In West Virginia, employers are generally not allowed to require an employee to submit to a polygraph test as a condition of employment. Under West Virginia employment law, the West Virginia Employee Polygraph Protection Act prohibits employers from requiring or requesting most employees to take a polygraph test as a condition of employment or continued employment. The polygraph protection act also prohibits employers from using polygraph results as a basis for terminating, refusing to hire, and discriminating against employees or applicants. However, there are some exceptions to the law. Employers are allowed to use polygraph tests for certain positions, including positions with access to trade secrets, security personnel, positions working with highly classified information, and in cases where there is reasonable suspicion of employee dishonesty. Employers must also provide the employee a written statement explaining the details of the polygraph test and the results of the test. Overall, employers in West Virginia are generally not allowed to require an employee to submit to a polygraph test, with some exceptions. It is important for employers and employees to understand the law and their rights to ensure that employment practices in West Virginia are in line with the law.

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

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