Honesty clause on application can stop frivolous lawsuits

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in Discrimination and Harassment,Human Resources

Here’s a reason to make sure that your applications include an honesty provision: If an applicant sues for discrimination, she won’t get very far if you catch her being less than honest on the application.

An employee who doesn’t provide honest information can’t get past the first step of her lawsuit—proving that she is qualified for the job she didn’t get.

Recent case:
Mirna Serrano, who is black, applied for a job with Cintas. She misstated her education and experience despite signing the application, attesting it to be “true, correct and complete.” She sued for race discrimination when she didn’t get the job.

The court said she had no case because it turned out she had provided incorrect information. Therefore, the court reasoned, she violated the honesty requirement and wasn’t qualified for the job. (Serrano v. Cintas, No. 04-40132, ED MI, 2008)

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