In March I published a post about the risks associated with using background checks to vet new employees. A recent decision in the Federal District Court, Baker v. CVS Health Corp., highlights a related peril: using interview technology to evaluate job candidates could run afoul of the Massachusetts Lie Detector Statute. While you may not have known there was a Lie Detector Statute – I sure didn’t – if you use or are considering using interview technology to vet job candidates, keep reading….

According to the complaint in Baker, CVS uses a video-interview technology developed by a company called HireVue, Inc. to screen job applicants. Essentially, candidates answer a series of questions, and video of their facial expressions, eye contact, voice intonation, and inflection are analyzed using artificial intelligence. The complaint then goes on to assert that HireVue uses this analysis to determine the degree to which applicants would be a “cultural fit” with CVS. Further, HireVue apparently also has stated that it can (i) detect whether an applicant “[h]as an innate sense of integrity and honor,” (ii) help with “lie detection,” (iii) “screen out embellishers,” and (iv) report on applicant competencies including “reliability, … Keep reading