Privacy Law Library

Polygraph and Lie Detector Test Prohibition

DE Polygraph Ban

Employees

Prohibits requiring, requesting, or suggesting that an employee or job applicant take a polygraph, lie detector, or voice-stress test as a condition of employment. Law-enforcement agencies are exempt for their own official duties.

Where
Delaware
Citation
19 Del. C. § 704
Status
In force
Enforced by
Civil penalty claims may be filed in any court of competent jurisdiction (704(c))
People can sue
Limited
Penalties
Civil penalty of $1,000 to $5,000 per violation, including for retaliation against employees who complain or testify (704(c), (f)).
Applies to
  • Any person, including private employers and the State and its agencies and subdivisions, except law-enforcement agencies in official duties such as police applicant background checks (704(a), (d))

Practices it requires

  • Do not require, request, or suggest that an employee or prospective employee take a polygraph, lie detector (including voice-stress analyzers), or similar test as a condition of employment or continued employment.19 Del. C. § 704(b), (e)
  • Do not discharge or discriminate against an employee for complaining, giving information, or testifying about a violation.19 Del. C. § 704(f)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Original enactment date and amendment history of § 704 not researched (derives from the 1953 Code).

Research reference, not legal advice.