Supreme Court Ruling on job-bias lawsuits
Texas February 19, 1997: Another Supreme Court Ruling on job-bias lawsuits
compounds the most Recent Supreme Court Ruling of January 15, 1997
The Supreme Court
Ruling ruled that former employees are protected form retaliation under
Title VII. This clears the way for workers to file lawsuits if the worker
has ever filed a discrimination complaint against a former employer who
gave them a negative refernce. The new ruling is intended to protect terminated
employees who claim to have been discriminated against by a former employer.
If an ex-employee has accused a former employer of bias, as a result of
their termination, has applied at another company, the ex-employee's former
employer gives them a negative reference, and, the reference arguably
results in the worker not being hired, the former employer can now be
sued for post-employment retaliation.
How can an employer know what to say or not to say to another employer
inquiring about their ex-employee, without creating a potential exposure
to be sued by their ex-employee?
An employer’s best response is not to tell the inquiring employer
anything other than the employee did work for them, for how long and what
their wage was at the time of termination. Any other statements open the
door for a potential liability regarding claims by the ex-employee of
retaliation and up to defamation of character.
information on this issue and press release please call me or E-mail me