(a)General polygraph examinations.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 62-27-123

  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 62-27-102
  • Person: means any natural person, firm, association, copartnership or corporation. See Tennessee Code 62-27-102
  • Polygraph examiner: means any person who purports to be able to detect deception or verify truth of statements through instrumentation or by means of a mechanical device. See Tennessee Code 62-27-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) It is unlawful for any person to:

(A) Falsify information on any intern progress report submitted pursuant to this chapter;
(B) Include any question concerning a subject’s sexual behavior or orientation in a polygraph examination, unless the matter is relevant to the examination. Before proceeding with the examination, the examiner must obtain the subject’s written permission and the permission shall be made a part of the test record; and
(C) Conclude a polygraph examination without affording the subject a reasonable opportunity to explain any deceptive reactions to relevant questions that are evident on the charts unless the examinee is represented by legal counsel and counsel requests the results be given to counsel rather than to the examinee.
(2) A violation of subdivision (a)(1) is a Class C misdemeanor.
(b)Tampering with license applicant’s examination papers. It is a Class C misdemeanor for the commissioner or the commissioner’s agents or employees to alter or in any way tamper with any person’s examination paper that has been submitted for any examination for a license or for any intern permit conducted under this chapter.
(c)Discrimination in approving applications for license. It is a Class C misdemeanor for the commissioner or the commissioner’s agents or employees to in any way discriminate on the basis of race, national origin or sex in:

(1) Accepting or approving applications for internships or for polygraph examiners;
(2) The submission of examinations pursuant to the applications;
(3) Administering or grading the examinations;
(4) Suspending or revoking a license or intern permit; or
(5) Any other action or decision made in the administration or enforcement of this chapter.
(d) Polygraph examinations with respect to employment.

(1) It is unlawful for a polygraph examiner to inquire into any of the following areas during a polygraph examination with respect to employment, unless the examination is administered as a result of an investigation of illegal activity in such area and the inability to pose relevant questions in relation to the illegal activity would be detrimental to the investigation:

(A) Religious beliefs or affiliations;
(B) Beliefs or opinions regarding racial matters;
(C) Political beliefs or affiliations;
(D) Beliefs, affiliations or lawful activities regarding unions or labor organizations;
(E) Sexual preferences or activities;
(F) Any disability covered by the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.); or
(G) Actions or activities more than five (5) years preceding the date of the examination, except for felony convictions and violations of the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4.
(2) A violation of subdivision (d)(1) is a Class C misdemeanor.
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