It is unlawful in Massachusetts to require or administer a lie detector test as a condition of employment or continued employment. An employer who violates this law shall be subject to criminal penalties and civil liability.”

“It is unlawful in Massachusetts to require or administer a lie detector test as a condition of employment or continued employment. An employer who violates this law shall be subject to criminal penalties and civil liabilities.”

Accordingly, employers should include a statement such as the following in the section requesting employment history: “You may include any verified work performed on a volunteer basis in this section.”

Authorization

Every employment application should close with an authorization requiring the applicant’s signature. The authorization should contain several key provisions:

• Certification – Applicants should indicate that they certify that the facts and information provided in the application are true and complete to the best of the applicant’s knowledge. The applicant should further acknowledge that if falsified or misleading statements on the applications are discovered during employment, the employer may terminate the individual’s employment effective immediately.
• Investigation of statements – The applicant should authorize the employer to indicate all statements, references, and employers contained in the application and authorize those references and employers to give the employer any information concerning the applicant’s previous employment and references to give any personal information about the applicant. This section should also release the employer from all liability for any damage that may result from using such information.
• At-will provision – The authorization section should contain an acknowledgment by the applicant that if hired, s/he is an at-will employee and that as such either the employer or applicant may terminate the employment relationship with or without cause or notice at any time. This provision should also note that the at-will employment relationship may only be changed by an enforceable, written agreement signed by an authorized company representative.
• Anti-discrimination provision – An anti-discrimination provision indicating that the employer does not discriminate based on membership in any protected class in the terms and conditions of employment, including but not limited to hiring, should be included. It should list all of the protected classes under Massachusetts and Federal law and also include the following: “or any other class protected by law.”
• Abide by the rules – This section should include a statement that the applicant understands that s/he is required to abide by all rules and regulations of the employer.
• Acknowledgment – The last sentence of the authorization should contain an acknowledgment by the applicant that s/he has read and understands the above statements.
• Signature and Date – Immediately following the authorization section should be spaces for the following: applicant’s signature, applicant’s printed name, and date.