Massachusetts Employers Facing a Wave of Lie Detector Litigation: Why You Need to Review Your Applications to Ensure Compliance
In recent months, Massachusetts employers have seen a flurry of lie detector-related litigation – all because unsuspecting employers failed to include a necessary disclaimer in their applications . A relatively obscure state law requires companies to include a specific written notice about lie detectors on applications or face what could become steep consequences. The requirement has caught the eye of enterprising plaintiffs’ attorneys and led to wave of employment litigation. What do you need to know about this development, and what is the simple fix you can implement to steer clear of a lawsuit? Mandatory Lie Detector Disclaimer For nearly 40 years, Massachusetts has prohibited employers from using lie detector tests as a condition of employment. And while lie detector tests are not common, state law says that “all applications for employment within the commonwealth” must contain this specific notice: It is unlawful in Massachusetts to require or administer a lie detector test as ...