Could AI Hiring Assessments Constitute a Polygraph Test Under Applicable Law?

This newsletter has written many articles about challenges and questions raised by the use of AI by employers.  The latest comes from a lawsuit filed in a federal district court in Massachusetts in which a federal judge ruled in February 2026 that a Workstyle Assessment qualified as a lie detector under Massachusetts law.  Korn v. Amazon Inc., No. 1:25-cv-10802 (D. Mass., 2/18/26).  According to the complaint, Amazon uses the AI tool to spot suspicious behavior like plagiarism, fabrications, or the use of outside assistance, and in its initial ruling, the judge rejected Amazon’s argument that the tool was simply a personality test for applicants.  In a similar lawsuit, another federal judge in Massachusetts had allowed a challenge to CVS Health Corp’s use of a “lie detector tool” because of a lack of appropriate advance legal notice.  The pharmacy allegedly used video interview technology to detect whether a candidate had lied or embellished a job application.  This particular case was settled in 2024. 

Editor’s Note: Whether this legal rationale will be adopted by other courts is uncertain, but the case is another warning to employers to seek employment counsel review in the use of AI technology in making employment decisions. 

This article is part of our July 2026 Newsletter. 

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