Invasion of privacy; contracts and arbitration decisions; criminal penalties and civil liability. (a) Any administration of a lie detector test to any employee or person seeking employment, in violation of § 32-902, shall be an unwarranted invasion of privacy in the District of Columbia, and shall be compensable by damages for tortious injury. (b) No contract or arbitration decision shall contain any provision in violation of § 32-902. (c) Any employer who violates the provisions of § 32-902 shall be guilty of a misdemeanor and subject to a fine of $500, or 30 days in jail, or both, upon conviction. (d) Any employer who violates the provisions of this chapter shall be civilly liable to the person whom he or she required to take a polygraph or similar examination, and the amount of damages shall be established by the court, plus reasonable attorney’s fees. Remedies available under subsection (c) of this section and this subsection shall be deemed alternative or joint relief, and not subject to waiver by the exercise of the other. (Mar. 6, 1979, D.C. Law 2-154, § 4, 25 DCR 6980.) Prior Codifications 1981 Ed., § 36-803. 1973 Ed., § 36-903.
District of Columbia Legal Code