A candidate interviewing for a position with CVS Health has alleged that he and other interviewees were subjected to an artificial intelligence-powered lie detector test without the appropriate notification, according to a class action complaint recently removed to the U.S. District Court for the District of Massachusetts.
The lawsuit, filed by David S. Godkin and James E. Kruzer of Birnbaum & Godkin in Boston, alleges that Brendan Baker participated in an interview using CVS's automated interview and application software. CVS contracted with HireVue, which utilizes an AI tool to help employers screen job candidates, according to the complaint.
Recommended For You
While it's unknown how many other job seekers could be impacted, Baker is seeking declaratory and injunctive relief to enjoin CVS from illegally using the application in the future. Baker is also alleging violations of Massachusetts General Laws chapter 149, Section 19B(2)(b) which states that it is unlawful "to require or administer a lie detector test as a condition of employment or continued employment," and that employer who violates this may be subject to criminal penalties and civil liabilities, the complaint said.
Baker argues that HireVue interviews fall under Massachusetts' definition of "lie detector test" because "HireVue, itself, confirms that view interviewing holds the potential to 'provide the ability to scale your lie detection, screen out embellishers, and hone in on those who are actually a fit for the role,'" by answering a set of questions about integrity, work ethic, and cheating, the complaint said.
"HireVue then uploads candidates' respective interview videos to the application programming interface ('API') of Affectiva, an artificial intelligence company that works to understand human emotions, cognitive states, and activities by analyzing facial and vocal expressions," the complaint said.
"With these and/or other inputs (i.e., 'candidate[s] voice intonation, speech inflection, eye contact, perceived 'enthusiasm' for the role, and up until recently, facial expressions') HireVue builds 'a database of deep, rich psychographic information on millions of people,' purportedly evaluates hundreds of a job applicant's personality traits, and ultimately draws conclusions regarding a job applicant's degree of cultural fit with companies. HireVue conveys these findings to employers by 'assign[ing] each applicant a numerical 'employability' score' or 'competency-level scoring report[.]'" according to the complaint, which said scores can be tailored to each employer's needs.
Baker, who was not hired by CVS, initially filed the lawsuit in Suffolk Superior Court in April, before it was moved to the district court June 30. The case has been assigned to Judge Patti B. Saris.
The plaintiff and class members seek no less than $500 per violation, along with attorney fees and costs.
Anthony S. Califano of Seyfarth Shaw's Boston office has entered his appearance on behalf of CVS.
Califano was out of the office July 3, and a message seeking comment from the plaintiff's attorneys was not immediately returned.
Related:
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Allison Dunn
Allison Dunn is a reporter on ALM's Rapid Response desk based in Ohio, covering impactful litigation filings and rulings, emerging legal trends, controversies in the industry, and everything in between. Contact her at [email protected]. On Twitter: @AllisonDWrites.
