Massachusetts law, G.L. c. 149, § 19B, has long banned the use of lie detector tests in employment, and since 1986, also states that employers should provide affirmative notice on all job applications regarding the use of lie detector tests.
Claims under this law rarely arose until 2023, when a job applicant sued his employer, alleging, among other things, that it had failed to notify him of the prohibition on the use of lie detectors. Since then, there has been a surge of litigation against large Massachusetts employers for technical violations in failing to include the required disclaimer in their job applications.
The Lie Detector Notice
The statute prohibits employers from requiring or administering a lie detector test as a condition of employment or continued employment. The statute also states that all job applications for “employment within the Commonwealth” should contain the following notice in clearly legible print:
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.
Any “aggrieved” individual may institute a civil action within three years of any such violation, both on behalf of themselves and others similarly situated. If a violation is found, the statute suggests that an employer may be subject to $500 in statutory damages “for each such violation,” among other penalties. (Courts have...
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