Where a job application did not provide notice that it is unlawful in Massachusetts to require or administer a lie detector test as a condition of employment, the plaintiff job applicant’s complaint alleging a violation of the notice provision of the commonwealth’s lie detector statute must be dismissed because the plaintiff has not alleged any harm other than a bare violation of the notice provision, so she is not a “person aggrieved” and does not have statutory standing.
“Plaintiff Angelimarly Rodriguez brings this class action lawsuit against Five Below, Inc. (‘Defendant’) claiming that Five Below violated Massachusetts General Law (‘M.G.L.’) chapter 149 section 19B(2)(b). …
“… Plaintiff has a private right of action under Section 19B(4) to enforce Section 19B(2)(b). …
“Plaintiff argues that she is a ‘person aggrieved’ under Section 19B(4) because Defendant did not provide the warning required under Section 19B(2)(b). Defendant counters that Plaintiff is not a ‘person aggrieved’ because she did not experience a ‘substantial injury’ associated with the lack of notice.
“Section 19B does not define ‘person aggrieved.’ … In Ababio [v. Nike Retail Servs. Inc., No. 2584-CV-01134-BLS-1, at *6-7 (Mass. Sup. Ct. Suffolk County Nov. 25, 2025)], a Massachusetts Superior Court thoroughly surveyed the interpretation of ‘person aggrieved’ in Massachusetts law. Ababio, No. 2584-CV-01134-BLS-1, at *7-11 [Dkt. 25-1 at 8-12]. The Ababio Court held that a ‘person aggrieved’ must suffer...
Two Canada-based steel companies, Farjess Inc. and Royal Canadian Steel Inc., along with their part-owner and president, Feroz Jessani, have agreed to pay $19 million to resolve allegations that t...