Massachusetts: Court Rules that “Workstyle Assessment” Given to Applicants May Violate MA Lie Detector Statute

By John S. Gannon - Skoler Abbott P.C.

March 5, 2026

In Massachusetts, employers are prohibited by law from requiring applicants (or employees) to take a lie detector test. The so-called Lie Detector Statute also requires written notice to applicants explaining that such tests will not be used (for more information on employment applications, click here to check our blog titled “Are Your Employment Applications Legally Compliant?”).  The Lie Detector Statute broadly defines the term “lie detector test” to include any “test utilizing a polygraph,” as well as “any other device, mechanism, instrument or written examination” used “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.”  Stated otherwise, the Lie Detector Statute is not limited to use of a traditional polygraph machine. 

In a recent decision from a federal court in Massachusetts, an employer was found to have potentially violated this statute by requiring applicants to take a “Workstyle Assessment” during the application process.  According to the employer, the assessment was used “to guide hiring of people who are engaged, positive, and have a sense of ownership over their work and events that happen to them.”  It asked applicants to answer how certain statements represented their work style.  Some of the questions were:

• Most projects need a structured plan. / I like planning, but often address problems as they come.
• I often choose predictability over the unknown. / I adapt to change quickly.
• I’m about as reliable as everyone else on my team. / I persist until a task is done.
• My team relies on me to check for mistakes. / I’ll occasionally make easy-to-fix mistakes.
• I check my work for quality on highly visible projects. / I cheer up my coworkers when they feel down.
• I occasionally like to try new approaches. / I recover from setbacks about as quickly as others.

In 2024, the plaintiff applied for three positions with the employer.  He was not provided with the statutory notice about lie detector tests and was required to take the employer’s “Workstyle Assessment.” He later sued, claiming that the examination functioned as a lie detector test under the Massachusetts Lie Detector Statute.  Notably, he brought a class action seeking damages for himself as well as everyone else who applied for a Massachusetts-based position and completed the assessment.  The employer filed a motion to dismiss the lawsuit, arguing that the “Workstyle Assessment” was simply a personality test that did not ask impermissible questions. 

The court examined the statutory definition of “lie detector test,” which includes any test (including written examinations) used to assist in detecting deception, verifying truthfulness, or rendering a diagnostic opinion regarding honesty.  Unfortunately for the employer, the court found that the employee plausibly alleged that the “Workstyle Assessment” fell within this broad definition.  The court denied the employer’s motion to dismiss, and the case will move forward

Bottom Line

Employers in Massachusetts that use any sort of assessment or examination as part of the hiring process need to review those tools to be sure the questions could not be read as an assessment on honesty or truthfulness.   Also, if your job application is missing language explaining that employers in Massachusetts cannot administer a lie detector test as a condition of employment or continued employment, the application needs to be updated immediately.

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