Q. How should we handle giving references about a former employee who was involved in litigation against the company or filed an administrative charge with a government agency, such as the EEOC or the U.S. Department of Labor? Should we include that information in response to the reference? Or should we not provide any information at all?
A. You must handle reference requests relating to former employees who sued or filed an administrative charge against your company in precisely the same manner as requests relating to other former employees.
The position of the EEOC (as well as many courts) is that the mere act of notifying a prospective employer of a lawsuit or charge filed by a former employee constitutes unlawful retaliation (assuming that the lawsuit or charge alleged violations of Title VII, the Age Discrimination in Employment Act or some other statute over which the EEOC has jurisdiction).
On the other hand, retaliation also has been found when an employer refuses to provide any reference whatsoever for a former employee who filed such a lawsuit or charge, unless it similarly refuses to provide references for other former employees.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/5389/avoiding-reference-related-retaliation-claims "