Is There Liability For Retaliation When You Don’t Hire That Whistleblower?

October 06, 2015

Employers are generally well-versed in the restrictions imposed by Title VII and other anti-discrimination laws with respect to the hiring process. Few employers would be surprised to learn that refusing to hire a job applicant because of her race, sex, age, disability or other protected characteristic is flatly prohibited by a panoply of federal, state and local laws. Most employers also recognize that, because Title VII explicitly prohibits retaliation against “employees or applicants,” an employer cannot legally decide to not hire a candidate because she had previously made a complaint or filed a charge against a prior employer.

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