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Using Lie Detector Tests in Hawaii

Filed under Office & HR.

The use of lie detector tests by employers in Hawaii is subject to these state rules.

It is unlawful for any employer in Hawaii to:

  • require a prospective employee or employee to submit to a lie detector test as a condition of employment or continued employment
  • terminate or otherwise discriminate against an employee or prospective employee for refusing to submit to a lie detector test
  • 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 that 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
  • subject a prospective employee to a lie detector test that includes inquiries deemed unlawful by law
  • utilize a device that intrudes into any part or cavity of the body for the purpose of truth verification
  • discharge or otherwise discriminate against an employee or prospective employee because the person has filed a complaint, testified, or assisted in any proceeding respecting the unlawful practices prohibited under this law

For purposes of this law, employer includes an individual, partnership, association, corporation, business trust, legal representative, receiver, trustee, or successor of any of the same, or an organized group of persons, acting directly or indirectly in the interest of an employer in relation to an employee.

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