§ 32-902. Use prohibited; exceptions.

Current through October 23, 2012

(a) No employer or prospective employer shall administer, accept or use the results of any lie detector test in connection with the employment, application or consideration of an individual, or have administered, inside the District of Columbia, any lie detector test to any employee, or, in or during any hiring procedure, to any person whose employment, as contemplated at the time of administration of the test, would take place in whole or in part in the District of Columbia.

(b) The provisions of this section shall not apply to any criminal or internal disciplinary investigation, or pre-employment investigation conducted by the Metropolitan Police, the Fire Department, and the Department of Corrections; provided that any information received from a lie detector test which renders an applicant ineligible for employment shall be verified through other information and no person may be denied employment based solely on the results of a pre-employment lie detector test.

                
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(Mar. 6, 1979, D.C. Law 2-154, § 3, 25 DCR 6980; Sept. 22, 1994, D.C. Law 10-175, § 2, 41 DCR 5173; Mar. 16, 1995, D.C. Law 10-215, § 2, 41 DCR 8036.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 36-802.

1973 Ed., § 36-902.

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2 of Lie Detector Tests for Pre-Employment Investigations Temporary Amendment Act of 1994 (D.C. Law 10-175, September 22, 1994, law notification 42 DCR 6705).

Legislative History of Laws

For legislative history of D.C. Law 2-154, see Historical and Statutory Notes following § 32-901.

Law 10-215, the "Lie Detector Tests for Pre-Employment Investigations Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-693, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 15, 1995, it was assigned Act No. 10-352 and transmitted to both Houses of Congress for its review. D.C. Law 10-215 became effective on March 16, 1995.