32 §7166. Limitations on uses in employment - Maine Statutes

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 85: POLYGRAPH EXAMINERS

§7166. Limitations on uses in employment

1. Preemployment screening. No employer may, directly or indirectly, require, request or suggest that any applicant for employment submit to a polygraph examination as a condition of obtaining employment, or administer or cause to be administered to an applicant any such examination, or use or refer to the results of such an examination for hiring purposes. For purposes of this subsection, "employer" shall include an employment agency and "applicant" shall include any person seeking to use an employment agency's services.

[ 1979, c. 209, §2 (NEW) .]

2. Current employees. No employer may, directly or indirectly, require, request or suggest that any employee submit to a polygraph examination as a condition of employment, or administer or cause to be administered to any employee any such examination, or use or refer to the results of such an examination for employment purposes.

[ 1979, c. 209, §2 (NEW) .]

3. Exceptions.

A. This section shall not apply to employees of or applicants for employment with law enforcement agencies; [1979, c. 209, §2 (NEW).]

B. Nothing in subsection 2 shall prohibit either an employee from voluntarily requesting a polygraph examination in connection with his employment or an employer from using or referring to the results of any examination so requested, provided that the results of that examination may not be used against the employee by the employer for any purpose, that the employer shall give the employee a copy of this Act when the employee requests the examination, and that the examination is recorded or that a witness of the employee's choice is present during the examination, or both, as the employee requests. [1979, c. 209, §2 (NEW).]

SECTION HISTORY

1979, c. 209, §2 (NEW).