You can reject ‘litigious’ job applicants

When hiring, it’s OK to consider the likelihood that an applicant will file lawsuits against you. The case: An employer rejected a black applicant, citing his history of work-related litigation. Because the litigation had concerned racial discrimination, the applicant sued the employer for violating Title VII.

The court found that the applicant was not denied employment because of his race but because of his litigious history and the employer’s concern that his “sensitivity” to race could lead to inappropriate behavior “in response to situations involving students of different races.” (Drake v. Colorado State University, Nos. 97-1076, 97-1077, 10th Cir. 1998)