730.4 Polygraph examination prohibited. 1. As used in this section, 'polygraph examination' means any procedure which involves the use of instrumentation or a mechanical or electrical device to enable or assist thedetection of deception, the verification of truthfulness, or the rendering of a diagnosticopinion regarding either of these, and includes a lie detector or similar test. 2. An employer shall not as a condition of employment, promotion, or change in status of employment, or as an express or implied condition of a benefit or privilege of employment,knowingly do any of the following: a. Request or require that an employee or applicant for employment take or submit to a polygraph examination. b. Administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment. c. Request or require that an employee or applicant for employment give an express or implied waiver of a practice prohibited by this section. 3. a. Subsection 2 does not apply to the state or a political subdivision of the state when in the process of selecting any of the following: (1) A candidate for employment as a peace y this section. 3. a. Subsection 2 does not apply to the state or a political subdivision of the state when in the process of selecting any of the following: (1) A candidate for employment as a peace officer.(2) A candidate for employment as a corrections officer.(3) An applicant for a position with a law enforcement agency of a political subdivision of the state when the applicant is being considered for a position in which the employeefilling the position has direct access to prisoner funds, any other cash assets, and confidentialinformation. b. Polygraph examinations under this subsection shall adhere to the published antidiscrimination policy of the state or political subdivision conducting the examination. 4. An employee who acted in good faith shall not be discharged, disciplined, or discriminated against in any manner for filing a complaint or testifying in any proceeding oraction involving violations of this section. An employee discharged, disciplined, or otherwisediscriminated against in violation of this section shall be compensated by the employer inthe amount of any loss of wages and benefits arising out of the discrimination and shall berestored to the employee’s nated against in violation of this section shall be compensated by the employer inthe amount of any loss of wages and benefits arising out of the discrimination and shall berestored to the employee’s previous position of employment. 5. a. This section may be enforced through a civil action.(1) A person who violates this section or who aids in the violation of this section is liable to an aggrieved employee or applicant for employment for affirmative relief includingreinstatement or hiring, with or without back pay, or any other equitable relief as the courtdeems appropriate including attorney fees and court costs. (2) When a person commits, is committing, or proposes to commit, an act in violation of this section, an injunction may be granted through an action in district court to prohibitthe person from continuing such acts. The action for injunctive relief may be brought byan aggrieved employee or applicant for employment, the county attorney, or the attorneygeneral. b. A person who in good faith brings an action under this subsection alleging that an employer has required or requested a polygraph examination in violation of this section shallestablish that sufficient evidence o in good faith brings an action under this subsection alleging that an employer has required or requested a polygraph examination in violation of this section shallestablish that sufficient evidence exists upon which a reasonable person could find that aviolation has occurred. Upon proof that sufficient evidence exists upon which a finding couldbe made that a violation has occurred as required under this paragraph, the employer has theburden of proving that the requirements of this section were met. 6. A person who violates this section commits a simple misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this section shall includeassessment of a fine of not less than two hundred fifty dollars. 83 Acts, ch 86, §1 – 3; 88 Acts, ch 1227, §1; 99 Acts, ch 153, §23; 2000 Acts, ch 1059, §1; 2013 Acts, ch 30, §214 Referred to in §80F.1 Sat Dec 23 12:33:05 2023 Iowa Code 2024, Section 730.4 (16, 0)
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