Lie Detector Tests
A "lie detector test" means an analysis, examination, interrogation or
test that is taken or performed by means of a machine and is used to
assess a person's credibility.
For the purposes of
the lie detector provisions of the Employment
Standards Act, 2000 (ESA):
also includes a prospective employer and a police governing body.
also includes an applicant for employment, a police officer and a person
who is applying to be a police officer.
Prohibition of Testing
Employers are prohibited from using lie
detectors to screen employees. No
one can directly or indirectly require,
request, enable or influence an employee to take a lie detector test.
An Employee's Right to Refuse
An employee has the right:
not to take a lie detector test;
not to be asked to take a lie detector test; and
not to be required to take a lie detector test.
No one can disclose to an employer that an employee has taken a lie
detector test, and no one can disclose to an employer the results of a lie
detector test taken by an employee.
Use of Lie Detectors by the Police
Nothing in this part of the ESA prevents
a person from:
being asked by a police officer to take a lie detector test;
consenting to take a lie detector test; and
taking a lie detector test;
if the test is administered on behalf of a police force in Ontario or by a
member of a police force in Ontario in the course of the investigation of
Powers of an Employment Standards Officer
If an employment standards officer finds that
this part of the ESA has
been contravened, the officer can order the reinstatement of an employee.
If there is a contravention involving an applicant for employment or an
applicant to be a police officer, an employment standards officer can
order the employer to hire the applicant.
The officer can also order that the person be compensated by the employer
for losses suffered because of the contravention.