XIX. 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, 2099 (ESA):
"Employer" also includes a prospective employer and a police governing body.
"Employee" 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.
Disclosure
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 an offence.
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.
