Massachusetts Employers Required to Provide Job Applicants Notice That Use of a Lie Detector Test Is Unlawful

Massachusetts employers must ensure the below required notice is on all applications for employment and other similar forms in which an individual may submit a resume:

It is unlawful in Massachusetts to require or administer a lie detector test as a condition of employment or continued employment. An employer who violates this law shall be subject to criminal penalties and civil liability.

The Massachusetts statuteⁱ that prohibits employers from using a lie detector test as a condition of employment or continued employment also requires employers to provide a notice of this restriction to all job applicants. Employers who fail to provide this notice may be liable for fines, damages (at a minimum of $500 per violation), treble damages (for any loss of wages or benefits), and plaintiff’s reasonable attorneys’ fees. 

Following a recent federal district court’s decision, Massachusetts courts have seen an increase in class action complaints when employers fail to provide this notice. In February 2024, in Baker v. CVS, the court allowed a job applicant plaintiff’s claim against CVS for failure to provide the required notice to survive a motion to dismiss.ⁱⁱ The case settled in July 2024. The same attorneys who represented the plaintiff have filed three new cases, which are still in the preliminary stages in Massachusetts state court. 

Employers therefore should review their applications to ensure the required notice is provided to all applicants, whether on a hard copy application, an online application, or a similar form where an applicant provides information to be considered for employment. 

Barclay Damon’s Labor & Employment Practice Area attorneys are closely monitoring this issue and any new cases. 

If you have any questions regarding the content of this alert, please contact Carolyn Marcotte Crowley, partner, at ccrowley@barclaydamon.com; Henry Gaylord, associate, at hgaylord@barclaydamon.com; or another member of the firm’s Labor & Employment Practice Area.
                                                                              
ⁱSee M.G.L. C. 149 § 19B.
ⁱⁱBaker v. CVS, 717 F.Supp. 3d 188, 192 (D. Mass. 2024).