Question

May we require job applicants in Massachusetts to complete a personality or workstyle assessment?

Answer

Yes, but employers should proceed carefully.

Massachusetts law strictly prohibits employers from requiring applicants or employees to take a “lie detector test.” Importantly, the law defines this broadly. It applies not only to polygraphs, but also to any written examination used to evaluate honesty and employers must provide written notice to applicants that lie detector tests will not be used.

A recent case highlights the risk. An applicant was required to complete a “workstyle assessment” but was not given the required notice about lie detector tests. The assessment also included language stating the company uses mechanisms to detect “suspicious behavior” and that fabricated or plagiarized responses could impact employment opportunities.

The court found that the applicant plausibly argued that the assessment functioned as a lie detector test under Massachusetts law. The case is now moving forward and may expand into a class action.

This issue isn’t isolated. Employers have faced similar challenges with AI-driven hiring tools, including instances in which applicants could not opt out of assessments or challenge the results.

What should employers do?

Before using any assessment tool in your hiring process:

• Review questions to ensure they do not evaluate honesty or truthfulness
• Avoid language suggesting the tool detects deception or “suspicious behavior”
• Confirm your application includes the required Massachusetts notice about lie detector tests

Bottom line:

Even common hiring assessments can create risk if they cross into evaluating honesty. A quick review now can help prevent a much bigger issue later. AIM HR Solutions can also assist with reviewing your employee handbook and application materials to ensure compliance with Massachusetts requirements. AIM Members may also contact the helpline at helpline@AIMnet.org or 800.470.6277.