As a reminder for employers in Massachusetts, State law (G.L. c. 149, § 19B) prohibits employers from requiring or using lie detector tests (including polygraphs or similar tools) as a condition of employment or continued employment. Since 1986, all job applications for positions “within the Commonwealth” must include the following notice:

“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.

Employers should remember that:

• This notice is mandatory on all job applications, including digital and third-party platforms.

• Penalties for non-compliance include criminal charges, civil liability, and $500 in damages per violation.

• Remote roles may be affected if the applicant lives in Massachusetts or the job is considered based on the state.

• “Lie detector” is broadly defined and may include AI tools, written assessments, or other methods used to detect deception or verify honesty.

Employers should consider the following recommended actions:

1. Review all job applications to ensure the required notice is included.

2. Evaluate hiring tools, especially AI or screening software, to ensure they do not fall under the law’s definition of a lie detector.

3. Update separation agreements to include waivers for claims under this law.

4. Train HR staff to avoid using or referencing any lie detector-like tools during hiring.

Taking these steps can help reduce legal risk and ensure compliance with Massachusetts law.

For additional information:
Massachusetts G.L. c. 149, § 19B – Lie Detector Tests

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