Discrimination And "Do Not Hire" Lists

Written exclusively for My Community Workplace for Government

August 4, 2022

The U.S. Forest Service agreed to a settlement in a retaliation lawsuit filed by a former seasonal firefighter.

In the case, the plaintiff accused the employer of placing him on a "do not hire" list in retaliation for posting on social media his concerns about the employer's inadequate Covid-19 protection policies, which he says risked the health of his son.

After an administrative judge ruled the plaintiff could proceed with his claim, the employer reached a settlement with the former firefighter. They agreed to pay the plaintiff $115,000; to offer him his same position; and to remove him from any "do not hire" lists. Michele Chandler "Former California firefighter settles whistleblower lawsuit against US Forest Service" www.redding.com (Apr. 25, 2022).

Commentary and Checklist

A “do not hire” list is a denial of employment opportunity, and a decision to place an individual on such a list must be based on nondiscriminatory reasoning.

Examine all related employment risks before choosing not to rehire. Considering only objective and valid reasons for placing an individual on a “do not hire” list is a best practice and will help you avoid employment litigation. For example, a former employee who violated a confidentiality agreement and failed to protect sensitive, proprietary information might be placed on a “do not hire” list.

Here are some further suggestions to help avoid liability risk when deciding to deny employment opportunities:

Make certain that you have a management consensus that denying employment to an individual is in the best interest of the organization and is legally motivated.?
Carefully document the reasons for a denial.
Always have an attorney review the reasons for denying employment and discuss the potential risks involved if you do proceed.

Finally, your opinion is important to us. Please complete the opinion survey:

Site Zones

Select Organization Type

Select Program