The Vermont Statutes Online

Title 21 : Labor

Chapter 005 : Employment Practices

Subchapter 005A : POLYGRAPH PROTECTION ACT

• § 494c. Duties of examiner

  (a) An examiner administering a polygraph examination under this subchapter shall:

  (1) Prior to the examination, provide the examinee with a copy of this subchapter and a copy of all questions to be asked during the examination, which may be retained by the examinee. This does not preclude follow-up questions as long as the examiner gives the examinee a copy of the questions.

  (2) Inform the examinee as follows:

  (A) the examinee has the right to accept or refuse the examination;

  (B) the examinee has the right to halt an examination in progress at any time;

  (C) the examinee is not required to answer any questions or give any information;

  (D) any information the examinee volunteers could be used against the examinee, or made available to the employer, unless otherwise specified and agreed to in writing by the examinee; and

  (E) provide the examinee with a copy of the examination results and all reports or analyses done by the examiner that are shared with the employer.

  (b) During a polygraph examination, an examinee shall not be asked:

  (1) any questions regarding the examinee’s political, religious, or labor union affiliations;

  (2) questions regarding the examinee’s sexual practices, social habits, or his or her marital relationship, unless the questions clearly relate to job performance;

  (3) questions that are unrelated to job performance. (Added 1985, No. 89.)