Where a plaintiff job applicant has alleged that the defendant bank subjected him to an unlawful lie detector test by requiring him to take a “HireVue” interview, which is an artificial-intelligence-powered job candidate screening tool, that claim must be dismissed because the plaintiff’s complaint contains insufficient allegations to support the inference that his interview was used for the purpose of truth assessment.
“Plaintiff Mozart Saint Cyr alleges that Defendant JPMorgan Chase Bank, N.A. (‘JPMorgan’) subjected him to an unlawful lie detector test as part of a job application and failed to provide a written notice of his rights regarding such tests, in violation of Mass. Gen. Laws ch. 149, § 19B (the ‘Lie Detector Statute’). …
“Plaintiff alleges that JPMorgan subjected him to a (de facto) lie detector test by requiring him to take a HireVue Interview as part of his job application. … However, the Amended Complaint contains insufficient allegations to support the inference that his interview was used for the purpose of truth assessment. Plaintiff’s allegations do no more than establish that HireVue Interviews could constitute lie detector tests when used for that purpose. However, this is not enough. Any ‘device, mechanism, instrument or written examination’ could qualify as a lie detector test if used for that purpose. To wit, if an employer were to give his applicant an IQ test on the belief that people with certain IQs are inherently deceitful, wanting to find...
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