A new class action lawsuit filed by Massachusetts job applicants alleges that Walmart operates an unlawful hiring system that forced them to disclose their criminal records and undergo unlawful honesty testing, as a condition of their employment. The plaintiff in this case is represented by Outten & Golden LLP and Fair Work PC.

Specifically, the lawsuit alleges that Walmart, which employs more than 13,000 people in Massachusetts, requires job applicants to voluntarily disclose their criminal records as a condition of their employment.

Job applicants who failed to participate in this process lost their job opportunities altogether, while those who did had their responses analyzed for “truthfulness” against independently obtained criminal records. According to the lawsuit, Walmart’s system functions as a lie detector test, which is clearly prohibited under Massachusetts law.

The plaintiff in this case, Donald Keets, alleges that he applied for an overnight stocking position at Walmart in Seekonk, Massachusetts in January 2025. At that time, he disclosed a prior conviction during the hiring process. Despite his honesty, Walmart revoked his conditional job offer — even though Walmart’s own background check failed to uncover the conviction.

“I was honest about my past because I believed that was the right thing to do,” said Donald Keets. “It feels like it’s a trap – and it means people like me can’t get a fair shot at working.”

“Massachusetts law is clear: employers cannot force applicants to submit to honesty testing in order to get a job,” said Christopher M. McNerney, partner at Outten & Golden and one of the attorneys for the plaintiff.

This is the second lawsuit filed by Outten & Golden challenging Walmart’s use of criminal history information in its hiring process. In New Jersey, Outten & Golden and its co-counsel Youth Represent are litigating a class action lawsuit challenging Walmart’s overly broad background check process and the disparate impact it has on Black job applicants.