Sec. 1. 32 MRSA §7166, as enacted by PL 1979, c. 209, §2, is amended to read:

§7166. Limitations on uses in employment

1. Preemployment screening. No An employer may not, directly or indirectly, require, request or suggest that any an applicant for employment submit to a polygraph examination as a condition of obtaining employment, or administer or cause to be administered to an applicant any such a polygraph examination, or use or refer to the results of such an a polygraph examination for hiring purposes. For purposes of this subsection, "employer" shall include includes an employment agency and "applicant" shall include any includes a person seeking to use an employment agency's services.

2. Current employees. No An employer may not, directly or indirectly, require, request or suggest that any an employee submit to a polygraph examination as a condition of employment, or administer or cause to be administered to any an employee any such a polygraph examination, or use or refer to the results of such an a polygraph examination for employment purposes.

3. Exceptions.

A. This section shall does not apply to employees of law enforcement officers or applicants for employment with law enforcement agencies as law enforcement officers;

B. Nothing in subsection 2 shall prohibit prohibits either an employee from voluntarily requesting a polygraph examination in connection with his the employee's employment or an employer from using or referring to the results of any an examination so requested, provided that the results of that examination may not be used against the employee by the employer for any purpose, that the employer shall give the employee a copy of this Act when the employee requests the examination, and that the examination is recorded or that a witness of the employee's choice is present during the examination, or both, as the employee requests.

SUMMARY

The bill eliminates employees of or applicants for employment with law enforcement agencies from the list of exceptions for which employers may request polygraph tests. The