It shall be unlawful for any employer to:

(1) Require a prospective employee or employee to submit to a lie detector test as a condition of employment or continued employment;
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Terms Used In Hawaii Revised Statutes 378-26.5

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Employee: means any individual in the employment of an employer. See Hawaii Revised Statutes 378-26
  • Employer: includes any individual, partnership, association, corporation, business trust, legal representative, receiver, trustee, or successor of any of the same, or any organized group of persons, acting directly or indirectly in the interest of any employer in relation to an employee. See Hawaii Revised Statutes 378-26
  • Lie detector test: means a test to detect deception or to verify the truth of statements through the use of any psychophysiological measuring device, such as, but not limited to, polygraph tests and voice stress analyzers. See Hawaii Revised Statutes 378-26
  • Person: means one or more individuals, and includes, but is not limited to, a partnership, association, or corporation, legal representative, trustee, trustee in bankruptcy, receiver, or the State or any of its political subdivisions. See Hawaii Revised Statutes 378-26
  • Prospective employee: means any individual who has applied for or otherwise actively expressed interest in employment with an employer. See Hawaii Revised Statutes 378-26
(2) Terminate or otherwise discriminate against any employee or prospective employee for refusing to submit to a lie detector test;
(3) Ask an employee or prospective employee whether the employee or prospective employee is willing to submit to a lie detector test unless the employee or prospective employee is informed orally and in writing that the test is voluntary and the refusal to submit to the test will not result in termination of the employee or will not jeopardize the prospective employee’s chance of a job;
(4) Subject a prospective employee to a lie detector test which includes inquiries deemed unlawful under section 378-2;
(5) Utilize any device that intrudes into any part or cavity of the body for the purpose of truth verification; or
(6) Discharge or otherwise discriminate against any employee or prospective employee because such person has filed a complaint, testified, or assisted in any proceeding respecting the unlawful practices prohibited under this part.

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