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Terms Used In Vermont Statutes Title 21 Sec. 494a

  • Employee: means every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to perform services. See
  • Employer: means any individual, organization, or governmental body, including partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, and any common carrier by mail, motor, water, air, or express company doing business in or operating within this State, which has one or more individuals performing services for it within this State. See
  • Employment agency: means a person who undertakes, with or without compensation, to procure, refer, recruit, or place for an employer or person, the opportunity to work for an employer. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Polygraph examination: means any procedure which involves the use of instrumentation or a mechanical device to enable or assist the detection of deception, the verification of the truthfulness, or the rendering of a diagnostic opinion regarding either of these, and includes a lie detector or similar test. See

§ 494a. Polygraph testing as condition of employment

(a) Except as provided in section 494b of this title, an employer or an employment agency shall not as a condition of employment, promotion, or change in status of employment, or as an express or implied condition of a benefit or privilege of employment, do any of the following:

(1) request or require that an employee or applicant for employment take or submit to a polygraph examination; or

(2) administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment; or

(3) request or require that an employee or applicant for employment give an express or implied waiver of a practice prohibited under this subchapter.

(b) An employer shall not refuse to hire, promote, or change the status of employment of an applicant for employment because the applicant refuses or declines a polygraph examination. (Added 1985, No. 89.)