Lie Detector Test

Lie Detector Tests (M.G.L.c. 149, s. 19B)

It is unlawful for any employer with respect to any of its employees or job applicants to request or require such person to take a lie detector test or to discriminate against such person for asserting his rights in regard to this. (M.G.L.c. 149, s. 19B(2))

All applications for employment must contain 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." (M.G.L.c. 149, s. 19B(2)(b))

Any person who violates this statute will be fined no more than $1,000 and no less than $300. Second and subsequent violations will be punishable by a fine of no more than $1,500 or by imprisonment for no more than 90 days, or both. In the case of a corporation, the responsible individual is the president, chief operating officer or any managerial or supervisory person who allows or condones the violation. (M.G.L.c. 149, s. 19B(3))

Any person aggrieved by such a violation may file suit within three years, seeking injunctive relief and any damages, including treble damages for lost wages and benefits. The total damages awarded will at least equal $500 for each violation. A person who so prevails will also be entitled to an award of costs and reasonable attorney fees. (M.G.L.c. 149, s. 19B(4))

[ Up ][ Home ] [ Case of the Week ] [ Summaries ] [ Web Sites ] [ About the Author ] [ Contact Us ]