{"meta":{"exportedAt":"2026-11-02T06:15:32.194Z","formatVersion":2,"selection":{"q":"ai-video-interview","system":"","harm":"","context":"","country":"","role":"","relation":"","evidence":"","year":"","response":"","severity":"","verification":"","view":"incidents","sort":"added"},"totalIncidents":1,"coverage":{"cases":1,"countries":1,"languages":1,"unknownLocation":0,"locationPending":0,"unknownLanguage":0,"unknownDate":0,"lawsuits":1,"regulatory":0,"minors":0,"coreRelations":0,"contextualRelations":1,"mixedRelations":0,"unknownRelations":0,"relationPending":0,"relationUnknown":0},"countingNote":"Distinct public cases in this selection. People counts apply within individual cases only; cross-case person overlap has not been resolved. No population incidence estimate.","affectedCountNote":"Interpret person counts with affectedCountStatus and the reported effects. Unquantified zeros are placeholders, not a measured zero.","source":"AI incidents","publisher":"NOPE","url":"https://nope.net/incidents","license":"CC BY 4.0"},"incidents":[{"id":"2021-massachusetts-cvs-job-applicant-alleges-hirevue-ai-video-interview-was-unlawful-lie-detector-test-court-lets-claim-proceed","caseFacts":{"claims":[{"id":"c1","status":"reported","evidence":[{"locator":"'To   screen    applicants,    CVS   administers      a    video-interview' ... 'platform    called    Affectiva,    which    analyzes     candidates’     facial' ... 'expressions, eye contact, voice intonation, and inflection using' ... 'artificial intelligence.'","relation":"supports","source_id":"s1"},{"locator":"'video of their facial expressions, eye contact, voice intonation, and inflection are analyzed using artificial intelligence.'","relation":"supports","source_id":"s2"}],"assertion":"The complaint alleges that CVS screens applicants with a HireVue video interview, that HireVue uploads the recordings to Affectiva, which analyses facial expressions, eye contact, voice intonation and inflection using artificial intelligence, and that HireVue gives CVS a numerical score for each applicant.","causal_attribution":"The applicant's allegations as summarised by the court and a law firm; not tested in court."},{"id":"c2","status":"reported","evidence":[{"locator":"'Around January 2021, Baker applied for a supply chain position in Massachusetts with CVS.' ... 'did not include the notice of rights mandated' ... 'During    Baker’s     application     process,       CVS   administered    a' ... 'he would not have participated in the'","relation":"supports","source_id":"s1"}],"assertion":"Around January 2021 CVS administered a HireVue interview to the applicant for a Massachusetts supply chain position; the online application lacked the statutory notice, and he says he did not know the interview was a lie detector test and would not have taken part had he known.","causal_attribution":"The applicant's allegations accepted as true for the motion."},{"id":"c3","status":"reported","evidence":[{"locator":"'Baker did not get hired and then sued'","relation":"supports","source_id":"s2"}],"assertion":"According to a law firm commentary, the applicant was not hired.","causal_attribution":"A law firm's summary; the court's order does not state the hiring outcome, and no source connects the decision to an AI score."},{"id":"c4","status":"documented","evidence":[{"locator":"'After' ... 'hearing, the Court DENIES CVS’s motions to dismiss Count III'","relation":"supports","source_id":"s1"},{"locator":"'Thus, CVS’s Motion to Dismiss was denied'","relation":"supports","source_id":"s2"}],"assertion":"On 16 February 2024 the federal court denied CVS's motions to dismiss the notice claim, holding that the statute lets aggrieved applicants sue and that the applicant had pleaded a concrete informational injury.","causal_attribution":"Established by the court's own order."},{"id":"c5","status":"reported","evidence":[{"locator":"'CVS Health Corp. has reached an individualized settlement with a job applicant who alleged the pharmacy chain broke Massachusetts law by subjecting him to a lie detector test through AI-aided video-interview technology.'","relation":"supports","source_id":"s3"}],"assertion":"In July 2024 CVS reached an individual settlement with the applicant.","causal_attribution":"Reported by Bloomberg Law; the terms were not reported and the settlement is not an admission."}],"effects":[{"label":"Applicant says he took part in an AI-analysed interview he alleges was a lie detector test, without the notice the law requires","claim_id":"c2","direction":"negative"},{"label":"Applicant was not hired, according to a law firm commentary","claim_id":"c3","direction":"negative"}],"sources":[{"id":"s1","url":"https://www.govinfo.gov/content/pkg/USCOURTS-mad-1_23-cv-11483/pdf/USCOURTS-mad-1_23-cv-11483-0.pdf","kind":"court_record","access":"read","language":"en","translation_note":"Read in English on 2026-11-02: the 16 Feb 2024 memorandum and order (PDF, GovInfo, HTTP 200). Its factual background restates the complaint's allegations, which the court accepts as true for the motion only.","independence_group":"d-mass-baker-v-cvs"},{"id":"s2","url":"https://www.afslaw.com/perspectives/ai-law-blog/using-new-technology-vet-job-applicants-can-violate-the-massachusetts-lie","kind":"news_report","access":"read","language":"en","translation_note":"Read in English on 2026-11-02 (HTTP 200). A law firm's commentary on the ruling; it summarises the complaint and the ruling and adds that the applicant was not hired.","independence_group":"arentfox-schiff-2024-05-20"},{"id":"s3","url":"https://news.bloomberglaw.com/litigation/cvs-applicant-agrees-to-settle-ai-aided-lie-detector-test-suit","kind":"news_report","access":"read","language":"en","translation_note":"Read in English on 2026-11-02 (HTTP 200): only the opening paragraphs are visible without a subscription; they report the individual settlement.","independence_group":"bloomberg-law-2024-07-18"}],"version":1,"ai_roles":["institutional_use"],"contexts":["work"],"unknowns":["Whether Affectiva's AI analysis actually ran on the applicant's January 2021 interview, and what score or report HireVue gave CVS about him.","Whether any AI score affected CVS's decision not to hire him.","The terms of the July 2024 settlement.","CVS's and HireVue's own account of the interview: neither inspected source reports their response to the allegations about the AI analysis."],"geography":{"basis":"The court says he applied for a supply chain position in Massachusetts with CVS. The court is the US District Court for the District of Massachusetts. No residence is used.","court_countries":["US"],"event_countries":["US"],"affected_person_countries":[]},"publication":{"basis":"Published because a federal court order records the applicant's allegation that CVS gave him a HireVue interview whose recording was analysed with AI to score applicants, and denied CVS's motion to dismiss his claim of a concrete injury from taking it without the required notice; the case later settled. The AI analysis remains an untested allegation.","reviewed_on":"2026-11-02"},"ai_involvement":{"basis":"The complaint, as summarised by the court, alleges that CVS administered a HireVue video interview to the applicant, that HireVue sends interview recordings to Affectiva, which analyses facial expressions, eye contact, voice intonation and inflection using artificial intelligence, and that HireVue gives CVS a numerical score for each applicant, including assessments of honesty and integrity. The harm alleged is taking part in that assessment without the statutory notice. These are allegations accepted as true only for the motion to dismiss; no source establishes that the AI analysis ran on his interview or what it concluded.","status":"reported"},"person_relations":["made_claim_about"]},"name":"Massachusetts job applicant alleges CVS's AI-analysed HireVue video interview was an unlawful lie detector test; court let his claim proceed, then he settled","summary":"A man who applied for a supply chain job with CVS in Massachusetts around January 2021 says CVS put him through a HireVue video interview with questions about integrity, and alleges that HireVue sent the recording to a platform called Affectiva, which analysed his facial expressions, eye contact, voice intonation and inflection with artificial intelligence and fed a score to CVS. He sued CVS in a proposed class action under the Massachusetts Lie Detector Statute, alleging the interview was a lie detector test and that the online application lacked the notice of rights the law requires. He says he did not know the interview was a lie detector test and would not have taken part had he known. In February 2024 a federal judge in Massachusetts denied CVS's motion to dismiss the notice claim, finding a concrete informational injury; CVS had not challenged the other claims at that stage. A law firm commentary says he was not hired. In July 2024 he reached an individual settlement with CVS, whose terms were not reported. The allegations about the AI analysis were not tested in court.","incidentDate":"2021-01-01","incidentKind":"single_event","incidentDatePrecision":"month","exposurePattern":"single_interaction","reportedDate":"2024-02-16","aiSystem":"HireVue video-interview platform that, the applicant alleges, sent interview recordings to Affectiva for AI analysis of facial expressions, eye contact and voice, and gave CVS an employability or competency score for each applicant","aiProduct":"HireVue (reported)","severity":"low","verificationStatus":"credible","harmCategories":[],"harmOutcomes":["professional_harm"],"harmOutcomeSummary":"The applicant alleges CVS subjected him, without the notice Massachusetts law requires, to a HireVue video interview analysed by AI that he says was a lie detector test; a law firm commentary says he was not hired. The court found a concrete informational injury pleaded.","frameworkFacets":[],"causationStatus":"alleged","participantUsersAffectedMin":1,"otherPeopleHarmedMin":0,"affectedCountStatus":"exact","affectedCountEvidence":"One person: the applicant who took the HireVue interview and sued. The proposed class of Massachusetts applicants was never certified and is not counted.","victimAgeRange":"adult","jurisdiction":"US","platformType":"other","outcomeType":"lawsuit_settled","outcomeStatus":"resolved","primarySourceUrl":"https://www.govinfo.gov/content/pkg/USCOURTS-mad-1_23-cv-11483/pdf/USCOURTS-mad-1_23-cv-11483-0.pdf","primarySourceLabel":"US District Court, D. Mass., Baker v. CVS Health Corp., No. 23-11483, memorandum and order of 16 Feb 2024 (GovInfo)","firstPublishedAt":"2026-11-02T03:08:06.332184+00:00","updatedAt":"2026-11-02T03:08:06.332184+00:00","scopeVersion":"facts-v3","tags":["work","hiring","ai-video-interview","lie-detector-statute","lawsuit"]}]}