2007 Minnesota Statutes

181.75 POLYGRAPH TESTS OF EMPLOYEES OR PROSPECTIVE EMPLOYEES
PROHIBITED.
    Subdivision 1. Prohibition, penalty. No employer or agent thereof shall directly or indirectly
solicit or require a polygraph, voice stress analysis, or any test purporting to test the honesty of
any employee or prospective employee. No person shall sell to or interpret for an employer or the
employer's agent a test that the person knows has been solicited or required by an employer or
agent to test the honesty of an employee or prospective employee. An employer or agent or any
person knowingly selling, administering, or interpreting tests in violation of this section is guilty
of a misdemeanor. If an employee requests a polygraph test any employer or agent administering
the test shall inform the employee that taking the test is voluntary.
    Subd. 2. Investigations. The Department of Labor and Industry shall investigate suspected
violations of this section. The department may refer any evidence available concerning violations
of this section to the county attorney of the appropriate county, who may with or without such
reference, institute the appropriate criminal proceedings under this section.
    Subd. 3. Injunctive relief. In addition to the penalties provided by law for violation of this
section, specifically and generally, whether or not injunctive relief is otherwise provided by law,
the courts of this state are vested with jurisdiction to prevent and restrain violations of this section
and to require the payment of civil penalties. Whenever it shall appear to the satisfaction of the
attorney general that this section has been or is being violated, the attorney general shall be
entitled, on behalf of the state, to sue for and have injunctive relief in any court of competent
jurisdiction against any such violation or threatened violation without abridging other penalties
provided by law.
    Subd. 4. Individual remedies. In addition to the remedies otherwise provided by law, any
person injured by a violation of this section may bring a civil action to recover any and all damages
recoverable at law, together with costs and disbursements, including costs of investigation and
reasonable attorney's fees, and receive other equitable relief as determined by the court. The court
may, as appropriate, enter a consent judgment or decree without a finding of illegality.
History: 1973 c 667 s 1; 1976 c 256 s 1; 1986 c 444