Appeals Court: PHILIP SALIBA vs. CITY OF WORCESTER -Lie Detector Tests by Public Employers Prohibited

Keywords:  Practice, Civil, Motion to dismiss. Public Employment, Polygraph test. Statute, Construction

10.27.17 – The Appeals Court today issued its decision in  PHILIP SALIBA vs. CITY OF WORCESTER in which it stated “Massachusetts law prohibits employers, public as well as private, from subjecting applicants for employment, as well as employees, to a ‘lie detector test,’ whether the test is administered in this State or elsewhere.  G. L. c. 149, § 19B. [1]  The statute includes safeguards for employees who assert their rights, provides criminal penalties for those who violate the statute, and permits persons aggrieved by a statutory violation to bring a civil action against the violator for injunctive relief and damages. [2]  This appeal requires us to address a question of first impression, namely, whether § 19B(2) prohibits a Massachusetts employer from considering the results of a lie detector test administered lawfully by an out-of-State employer in connection with an individual’s earlier application for employment in another State. [3]  For the reasons that follow, we conclude that § 19B(2) does not apply in the circumstances of this case, and accordingly, we affirm the judgment dismissing the plaintiff’s complaint.” For the full decision, click on: PHILIP SALIBA vs. CITY OF WORCESTER.

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