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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- School bus driver loses sexual harassment case
- Absolute ban on all who fail drug test upheld
- Making economic argument for staff cuts? Better make sure the math adds up
- Beat discrimination lawsuits by nailing down specific rationale for employment decisions