Are employers allowed to require employees to submit to a polygraph test as a condition of employment?
In Massachusetts, employers are generally not allowed to require employees to submit to a polygraph test as a condition of employment. This is because a polygraph test is considered an intrusive measure that has the potential to lead to false accusations and conclusions, and it is not considered a reliable measure of truthfulness or dishonesty. The Massachusetts Supreme Judicial Court has held that polygraph tests cannot be used as a condition of employment, and the Massachusetts Commission Against Discrimination has also stated that requiring polygraph tests as part of the employment process is against the law. Employers in Massachusetts are also prohibited from retaliating against an employee who refuses to take a polygraph test. They must still treat the employee fairly, and cannot terminate or discriminate against them for refusing the test. Overall, although polygraph tests may be used in certain situations such as investigations of employee theft or criminal activity, employers in Massachusetts cannot use them as a condition of employment or as a way to determine whether or not to hire an individual.
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