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.