ARTICLE
19 December 2022

Can You Rescind A Job Offer Because You Learn A Candidate Sued A Prior Employer For Discrimination?

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Probably a bad idea. Especially if defending U.S. Equal Employment Opportunity Commission lawsuits isn't your jam.
United States Employment and HR

Probably a bad idea. Especially if defending U.S. Equal Employment Opportunity Commission lawsuits isn't your jam.

The EEOC newsroom is usually full of great blog fodder, and this press release about a recent $60,000 settlement of a unique retaliation lawsuit scratched my itch.

According to the EEOC, it sued an employer that had extended job offers to a group of 17 former employees during a series of job fair interviews for positions at one of its plants but retracted its offer to a female former employee when a records review revealed she previously filed a complaint of pregnancy discrimination and an EEOC charge against her former employer.

So the EEOC alleged that the employer violated Title VII of the Civil Rights Act of 1964, which protects pregnant workers from employment discrimination and bars employers from retaliating against employees who report pregnancy discrimination or file an EEOC charge against their employer.

Yes, allegations of retaliation can come in many forms.

As the EEOC further notes in its press release, "[t]his case serves as a reminder that even former employees are protected under Title VII's anti-retaliation provisions and that 'blacklisting' former employees who exercise their right to file a charge of discrimination is illegal."

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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