Applicant discrimination regarding EEOC claim

System

If we would not hire an applicant based on the fact that they said they went to an attorney regarding a "wrongful termination" from their last employer, are we violating any discrimination laws?

Gillian

There is a big difference in your post. In the body you say "wrongful termination" but in the heading you reference the EEOC. There is nothing legally discriminatory about not hiring someone who filed a wrongful termination lawsuit against a previous employer, although one should be careful about communicating such a decision. To make a negative decision about someone who had filed an EEOC claim, however, means that the person is in a protected class of one kind or another and a case could be made that the decision was improper because it was focused on whatever the protected class is - it may not be the direct motivation but there is an inescapable correlation. Although it will take an attorney respondent to say whether this stretch can really be made, I think that a case could be made that the decision was based upon a legally protected right that employees have - to file discrimination charges. Not sure about that one.

Don D

My wisdom agrees with Gillian's on this one and Gillian is a very wise man. My suggestion is that you learn early on in this business never to red flag such thought processes as they are closely akin to shovels with which people dig their own graves. Let the entire interview process run its course, evaluate the total body of information gleaned during it, discuss the candidate's traits and qualifications among those involved in the process and make a determination as to whether or not you advance that particular candidate. But, pay real careful attention to what Gillian suggests. Having and announcing this sort of thought process in candidate selection can rival your worst of nightmares.

System

JMA -- What you're describing could be illegal retaliation depending on the circumstances and the statute involved. You don't hear much about this, but I've seen at least one court case about it. If he/she turns out to be the best applicant, you might want to talk to a lawyer.
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James Sokolowski
Senior Editor
M. Lee Smith Publishers

Mentel

Why would you want to make a hiring decision based on whether the applicant filed a wrongfull termination suit or discussed it with their attorney? There are lots of other things that you should be using to make your selection like qualifications, education, etc. You probably have had lots of people apply for jobs with you who have talked to an attorney regarding wrongful termination. You just don't know it. I hate it when a candidate tells you something you don't want to know and would never ask. It muddies the water! Go ahead and consider this person like anyone else. We have all had thoughts about turning in some idiot company that just doesn't get it. Maybe this candidate has worked at some of the same places that I have in the past!