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Terms Used In Vermont Statutes Title 21 Sec. 494b

  • 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
  • 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
  • sworn: shall include affirmed. See

§ 494b. Employers permitted to require polygraph examinations

The following employers may require that an applicant for employment take or submit to a polygraph examination, or administer or cause to be administered a polygraph examination to an applicant for employment:

(1) the Department of Public Safety; the Department of Motor Vehicles, for applicants for law enforcement positions; the Department of Fish and Wildlife, for applicants for law enforcement positions; the Department of Liquor and Lottery and the Board of Liquor and Lottery, for applicants for investigator positions; municipal police departments and county sheriffs, as to sworn police officers and deputy sheriffs;

(2) any employer whose primary business is the wholesale or retail sale of precious metals or gems and jewelry or items made from precious metals or gems;

(3) any employer whose business includes the manufacture or the wholesale or retail sale of regulated drugs as defined in 18 V.S.A. § 4201; provided, however, that only employees who come in contact with such regulated drugs may be required to take a polygraph examination;

(4) any employer authorized or required under federal law or regulations to administer polygraph examinations. (Added 1985, No. 89; amended 2001, No. 38, § 1; 2009, No. 5, § 1; 2019, No. 73, § 35.)