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Using Lie Detector Tests in Nevada

Filed under Office & HR.

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

Generally, it is unlawful for a private employer in Nevada to:

  • directly or indirectly, require, request, suggest or cause an employee or prospective employee to take a lie detector test
  • use, accept, refer to or inquire concerning the results of a lie detector test of an employee or prospective employee
  • discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any action against, an employee or prospective employee:
    • who refuses, declines or fails to take or submit to any lie detector test
    • on the basis of the results of any lie detector test
  • discharge, discipline, discriminate against in any manner, deny employment or promotion to or threaten to take any action against an employee or prospective employee who has:
    • filed any complaint or instituted or caused to be instituted a legal proceeding under this law
    • testified or may testify in a legal proceeding instituted under this law
    • exercised the rights, or has exercised on behalf of another person the rights, afforded under this law

For purposes of this law, employer includes a person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee.

Exceptions to Lie Detector Test Restrictions

There are exceptions to the restrictions on polygraph exams for:

  • employers who manufacture, distribute, or dispense controlled substances
  • employees involved in ongoing investigations of theft, embezzlement, property damage, etc.
  • security personnel

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