NOTICE OF LIMITATIONS AFFECTING
THE APPLICATION OF LIE DETECTOR TESTS
SAMPLE NRS 613.460(2) requires that each employer shall post and maintain this notice in a conspicuous location at the place of employment where notices to employees and applicants for employment are customarily posted and read.
SAMPLE Pursuant to NRS 613.440(2), Lie detector means polygraph, voice stress analyzers, psychological stress evaluator or any other similar device, whether mechanical or electrical, which are designed to determine the honesty or dishonesty of an individual.
SAMPLE NRS 613.480(1) prohibits employers or anyone acting in the employer’s behalf from requiring or requesting that an employee or prospective employee take or submit to any lie detector test except as provided in NRS 613.510.
NRS 613.510 contains several exceptions which permit an employer to request polygraph examinations. An employer may request that an employee or prospective employee take a polygraph examination administered by a qualified person as part of an investigation of theft or similar wrongdoing affecting the employer’s business which appears to involve the employee. SAMPLE
The employer may also request a polygraph examination administered by a qualified person with regard to prospective employees who would be employed to protect certain kinds of sensitive or valuable property or facilities. The use of a polygraph examination is also permitted to employers in businesses that handle controlled substances. SAMPLE
Such permission exists only in situations where job applicants or employees have direct access to the controlled substances or where suspected abuse or theft is involved. SAMPLE
SAMPLE NRS 613.480(3&4) prohibit an employer from taking adverse action against any employee or prospective employee based on the results of any lie detector test or refusal to take any lie detector test.
SAMPLE Employers who violate the provisions in NRS 613.440 to 613.510 are subject to civil liability in court, as well as fines imposed by the Nevada Labor Commissioner.
SAMPLE For additional information contact our offices at 702-486-2650 in Las Vegas
or775-687-4850 in Carson City or via Email at mail1@laborcommissioner.com
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