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For Immediate Release, February 19, 1997

 

Another Supreme Court Ruling on job-bias lawsuits

Dallas, 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.

For example: 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.

Question: 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?

Answer: 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.

 

For additional information on this issue and press release please call me or E-mail me at msautter@getyers.com