Massachusetts law prohibits employers from using lie detector tests as a condition of employment or continued employment. To comply with this law, employers must provide a specific notice to all job applicants.
Key Requirements
- Notice Requirement. Employers must include a specific notice on all job applications and similar forms that clearly states, “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.”
- Penalties for Non-Compliance. Failure to provide this notice can result in significant penalties, including fines, damages, and attorney’s fees.
Recent Legal Developments
Recent court decisions such as Baker v. CVS in Massachusetts have highlighted the importance of complying with the notice requirement. Employers who fail to provide the notice may face class action lawsuits.
Next Steps for Employers
Employers should review and update their job applications to ensure that all applications, both paper and online, include the required notice.
