Massachusetts lie detector class actions face standing hurdles; AI screening issues head to appellate courts
Key points
- Federal courts remanded notice-only claims for lack of Article III standing or because plaintiffs were not "persons aggrieved"
- The state BLS dismissed similar claims on the same grounds; those rulings are on appeal
- Pending appeals could clarify required injury and allegations on hiring assessments
According to National Law Review, class actions in Massachusetts under the Massachusetts Lie Detector Statute (M.G.L. c. 149, §19B) over job application forms and screening tools have recently hit barriers. Federal courts remanded notice-only claims for lack of Article III standing or because plaintiffs were not "persons aggrieved." The Superior Court Business Litigation Session (BLS) dismissed similar claims on the same grounds, and those rulings are currently on appeal. Pending appeals could clarify the injury required for notice-based claims and the allegations needed to challenge hiring assessments.
What employers should do
- Review job application forms for lie detector or test-type questions and monitor the outcome of the appeals
Policy details
- Jurisdiction
- Massachusetts
- Status
- Enforcement action
- Effective date
- —
- Employers covered
- Massachusetts employers using applications and screening tools
- Official source
- View official source ↗
Original report: The National Law Review ↗AI-assisted brief; may contain inaccuracies. Rely on the original reports and official documents. For information only; not legal, immigration or insurance advice.