February 18, 2026
Can You Detect a Lie Detector Test?
One applicant said, “Yes” and the court agreed. Many states have laws that restrict employers’ use of lie detector tests for employment purposes. Some require certain notices be provided to individuals before and after administering such a test. When an applicant was required to undergo a prospective employer’s “workstyle assessment” but given no notice(s), he sued.
But what is a lie detector test? Definitions vary from state to state. This case focused on Massachusetts’ statute, which included any, “device, mechanism, instrument, or written examination which is operated or the results of which are used or interpreted by an examiner for the purpose of purporting to assist in or enable the detection of deception, the verification of truthfulness, or the rendering of a diagnostic opinion, regarding the honesty of an individual.”
The employer described its workstyle assessment as using, “mechanisms to detect suspicious test behavior and responses. If suspicious behavior is detected (e.g., (attempts to plagiarize, fabricate, or use outside assistance) it will impact your current and possibly future…applications”
Comparing the employer’s definition of its own assessment with the definition in the statute, the court found the employer did use a lie detector test and failed to meet the requirements of the state law.
Resource: If you’d like to learn more about, “Hiring and Onboarding: Proactive Practices and Pitfalls to Avoid” join this month’s webcast on Wednesday, February 25th from Noon – 1:15 p.m. ET. Pre-approved by HRCI and SHRM for 1.25 credits. $25 pp Click here for the program agenda and to register.
Lessons Learned from This Case?
- Know the laws of the state and local jurisdictions in which you employ one or more employees, including for those who work from home.
- Consider the tests, assessments, inventories, and other selection procedures you use for applicants and employees.
- Ensure your use of employment tests, assessments, and all selection procedures also comply with the federal Uniform Guidelines of Employee Selection Procedures (UGESP).
- Talk to your company’s legal counsel.
