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Terms Used In Vermont Statutes Title 21 Sec. 494c

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • Examiner: means any person licensed under 26 Vt. 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

§ 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 which 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 which are unrelated to job performance. (Added 1985, No. 89.)