The First Circuit has not ruled. Law360 reported that the panel appeared skeptical that the HireVue tool falls within the statute. The pending appeals address statutory aggrievement, federal standing, and when a screening tool counts as a lie detector test. A separate state-court appeal over a notice claim against AT&T Mobility is also pending. Lower courts are divided. A federal court in Massachusetts allowed a challenge to Amazon's "Workstyle Assessment" to proceed in February 2026. Plaintiff counsel Julian Diamond argued that HireVue is marketed to "scale your lie detection."
The statute bars employers from requiring or administering lie detector tests as a condition of employment, and it requires every Massachusetts job application to carry a specific written notice. Its definition reaches beyond polygraphs to devices, instruments, and written examinations used to assess truthfulness. Notice violations carry criminal penalties and civil liability. Fisher Phillips counts dozens of class actions over AI interview and assessment tools, and the litigation started with applications that lacked the required notice. Employers should audit Massachusetts application forms for compliant notice language now and review any AI screening tools against the statute's broad definition. A First Circuit decision would be the first appellate guidance on whether AI screening falls under § 19B.