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Official Code of Georgia Annotated

Title 51. TORTS · Chapter 1. GENERAL PROVISIONS

51-1-37. Negligent or improper administration of polygraph examination; measure of damages.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Any person who is given a polygraph examination and who suffers damages as a result of such polygraph examination having been administered in a negligent manner shall have a cause of action against the polygraph examiner.#

  2. (b)

    The measure of damages shall be the actual damages sustained by such person, together with reasonable attorneys’ fees, filing fees, and reasonable costs of the action. Reasonable costs of the action may include, but shall not be limited to, the expenses of discovery and document reproduction. Damages may include, but shall not be limited to, back pay for the period during which such person did not work or was denied a job as a result of such examination.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 51-1-37, enacted by Ga. L. 1985, p. 1008, § 2; Ga. L. 2001, p. 1035, § 1.

Editor's notes

Ga. L. 1985, p. 1008, § 3, not codified by the General Assembly, provided as follows: ‘‘Nothing contained in this Act shall be construed so as to authorize the results of any polygraph examination to be introduced in evidence in any judicial or administrative proceeding in this state; provided, however, that such an examination given with respect to employment may be admitted in an administrative proceeding dealing solely with action taken with respect to the employment; nor shall this Act be construed as a legislative determination that such examinations are reliable to demonstrate any fact or that they have any probative value.’’

Cross references

Victim’s right to refuse request for polygraph examinations or other truth-telling devices, § 17-5-73.

Law reviews

For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 331 (2001).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, pages 206 to 207; merge action: carried; file SHA-256 bc30a40687b2.