No employer in Virginia may, as a condition of employment, require a prospective employee to answer questions in a polygraph test concerning the individual's sexual activities, unless the sexual activity of the individual has resulted in a conviction for violation of a state law.
Any written record of the results of a polygraph test given by an employer to a prospective employee must be destroyed or maintained in a confidential file and may only be disclosed with the consent of the person who was tested.
Law enforcement agencies and regional jails are prohibited from requiring
employees to submit to lie detector tests and the refusal or failure of an
employee to be tested may not be the basis for discharge, demotion or other
employment discrimination. Law enforcement and jail employees may be required to
take a lie detector test in the course of internal investigations involving
allegations of misconduct or criminal activity.