Article 20B. Psychological Stress Evaluators and Employment

Section 733. Definitions.

As used in this article:

1. "Employer" means any individual, person, corporation, department, board, bureau, agency, commission, division, office, council or committee of the state government, public benefit corporation, public authority or political subdivision of the state, or other business entity, which employs or seeks to employ an individual or individuals. All provisions of this article pertaining to employers shall apply in equal force and effect to their agents and representatives.

2. "Employee" means an individual employed by an employer.

3. "Prospective employee" means an individual seeking or being sought for employment with an employer.

4. "Psychological stress evaluator" means any mechanical device or instrument which purports to determine the truth or falsity of statements made by an employee or prospective employee on the basis of vocal fluctuations or vocal stress.

5. "Psychological stress evaluator examination" means:

(a) the questioning or interviewing of an employee or prospective employee for the purpose of subjecting the statements of such employee or prospective employee to analysis by a psychological stress evaluator;

(b) the recording of statements made by an employee or prospective employee for the purpose of subjecting such statements to analysis by a psychological stress evaluator; or

(c) analyzing, with a psychological stress evaluator, statements made by an employee or prospective employee for the purpose of determining the truth or falsity of such statements.

Section 734. Practitioner limitations.

1. It shall be unlawful for any individual to knowingly administer or participate in the administration of a psychological stress evaluator examination of an employee or prospective employee as defined in section seven hundred thirty-three of this chapter.

2. Any individual violating any of the provisions of this section shall be guilty of a class B misdemeanor upon the first conviction and upon any subsequent convictions shall be guilty of a class A misdemeanor.

Section 735. Employer limitations.

1. No employer or his agent shall require, request, suggest or knowingly permit any employee or prospective employee of such employer to submit to a psychological stress evaluator examination and no employer shall administer or utilize the results of such test within or without the state of New York for any reason whatsoever.

2. A violation of any of the provisions of this section shall be a class B misdemeanor upon the first conviction and upon any subsequent conviction a class A misdemeanor.

Section 736. Employee rights in related proceedings.

No employee shall be discharged, disciplined or discriminated against in any manner for filing a complaint or testifying in any proceeding or action involving violations of the provisions of this article. Any employee discriminated against in violation of the provisions of this section shall be compensated by his employer for double the amount of any loss of wages and benefits arising out of such discrimination and shall be restored to his previous position of employment.

Section 737. Supplemental provisions.

No individual shall administer or participate in the administration of a psychological stress evaluator examination within the state to any individual seeking employment outside the state of New York or for the purpose of continuing employment outside the state of New York. Any individual violating the provisions of this section shall be guilty of a class B misdemeanor upon first conviction and upon any subsequent convictions shall be guilty of a class A misdemeanor.

Section 738. Actions for damages.

Any employee or prospective employee damaged as the result of a violation of any of the provisions of this article shall be entitled to file an action for damages in the supreme court of this state.

Section 739. Applicability of article.

This article shall only apply to employee and prospective employee-employer relations.