1 New Sections; Employment; Protective Legislation; Prohibition on Polygraph Examinations; Exception. Amend RSA 275 by inserting after section 41-b the following new section:

275:41-c Prohibition on Polygraph Examinations. Except as provided in 275:41-d, no employer or their agent shall 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, do any of the following:

I. Request or require that an employee or applicant for employment take or submit to a polygraph examination; or

II. Administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment; or

III. Request or require that an employee or applicant for employment give an express or implied waiver of a practice prohibited under this chapter; or

IV. Refuse to hire, promote, or change the status of employment of an applicant for employment because the applicant refuses or declines a polygraph examination.

275:41-d Exceptions; Polygraph Examinations. The following employers may require that an applicant for employment take or submit to a polygraph examination, or administer or cause to be administered a polygraph examination to an applicant for employment:

I. The department of safety, for applicants for state police and other law enforcement positions; the fish and game department, for applicants for law enforcement positions; the lottery commission, for applicants for investigator positions; and municipal police departments and county sheriffs, as to sworn police officers and deputy sheriffs;

II. Any employer whose primary business is the wholesale or retail sale of precious metals or gems and jewelry or items made from precious metals or gems;

III. Any employer whose business includes the manufacture or the wholesale or retail sale of regulated drugs provided, however, that only employees who come in contact with such regulated drugs may be required to take a polygraph examination;

IV. Any employer authorized or required under federal law or regulations to administer polygraph examinations.

2 Effective Date. This act shall take effect 60 days after its passage.

1 New Sections; Employment; Protective Legislation; Prohibition on Polygraph Examinations; Exception. Amend RSA 275 by inserting after section 41-b the following new section:

275:41-c Prohibition on Polygraph Examinations. Except as provided in 275:41-d, no employer or their agent shall 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, do any of the following:

I. Request or require that an employee or applicant for employment take or submit to a polygraph examination; or

II. Administer, cause to be administered, threaten to administer, or attempt to administer a polygraph examination to an employee or applicant for employment; or

III. Request or require that an employee or applicant for employment give an express or implied waiver of a practice prohibited under this chapter; or

IV. Refuse to hire, promote, or change the status of employment of an applicant for employment because the applicant refuses or declines a polygraph examination.

275:41-d Exceptions; Polygraph Examinations. The following employers may require that an applicant for employment take or submit to a polygraph examination, or administer or cause to be administered a polygraph examination to an applicant for employment:

I. The department of safety, for applicants for state police and other law enforcement positions; the fish and game department, for applicants for law enforcement positions; the lottery commission, for applicants for investigator positions; and municipal police departments and county sheriffs, as to sworn police officers and deputy sheriffs;

II. Any employer whose primary business is the wholesale or retail sale of precious metals or gems and jewelry or items made from precious metals or gems;

III. Any employer whose business includes the manufacture or the wholesale or retail sale of regulated drugs provided, however, that only employees who come in contact with such regulated drugs may be required to take a polygraph examination;

IV. Any employer authorized or required under federal law or regulations to administer polygraph examinations.

2 Effective Date. This act shall take effect 60 days after its passage.