Massachusetts law has banned the use of lie-detector tests in employment for decades. Now, a surge of lawsuits is raising the stakes for compliance with the law.

Massachusetts law bans employers from using lie-detector tests, also known as polygraphs, as a condition of hiring or continued employment. This rule has been in place for more than 60 years, and a 1986 update made it even clearer: Every job application in Massachusetts must include a specific notice in clear, readable 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.”

For years, this law was rarely enforced. But recently, that’s changed.

In 2024, a job applicant sued a major retailer, claiming two violations:

1. The company used virtual interview software to analyze his honesty.
2. The job application did not include the required lie-detector notice.

The case was settled before the court ruled, but it generated attention and now, more lawsuits are being filed. The same law firm has launched multiple class-action lawsuits against other employers over the missing notice.

The stakes are high. If a court finds a violation, companies could face:

• Fines between $300 and $1,500 per violation
• Criminal charges
• Treble (triple) damages
• Class-action lawsuits
• Attorney’s fees and court costs

What Should HR Do?

The best way to protect your company is to ensure that every job application includes the required language, whether paper or online. Here are some simple steps:

Review All Job Applications

• Check every version of your employment application (paper, digital, and third-party platforms) to ensure the lie detector notice is included exactly as required by law.

Update Online Systems

• If you use online recruiting platforms, work with your vendors or IT team to ensure the notice is clearly visible.

Train Recruiters and Hiring Managers

• Ensure your team knows not to use or suggest lie-detector tools, even digital ones, during interviews.

Audit Regularly

• Schedule regular compliance reviews to avoid mistakes down the road.

Seek Legal Guidance

• If unsure if your systems comply, talk with employment counsel to avoid possible lawsuits.

The risks are growing for employers who do not follow the rule. With new lawsuits popping up and potential state enforcement, it’s critical for HR teams to take this seriously.  AIM HR Solutions has a model Job Application available for purchase.

AIM members may contact the AIM HR Helpline at 800-470-6277 or email helpline@aimnet.org.