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Can an Employer Refuse to Rehire You If You've Contacted the EEOC

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  • 02-22-2012, 06:15 PM
    Bing
    Can an Employer Refuse to Rehire You If You've Contacted the EEOC
    My question involves labor and employment law for the state of: Nevada

    If I made a complaint to the EEOC, can my employer automatically deny me eligibility for rehire?( just because I complained)

    (Hypothetical question)
  • 02-22-2012, 07:35 PM
    PandorasBox
    Re: Can Employer Deny U Eligibility for Rehire Because U Contacted Eeoc
    I don't think so.

    BUT....they can do everything they can legally do to make your job pure Hell.
  • 02-23-2012, 07:41 AM
    Mr. Knowitall
    Re: Can an Employer Refuse to Rehire You If You've Contacted the EEOC
    It would depend upon the facts, which you haven't provided even in hypothetical form.

    A frivolous complaint to the EEOC doesn't immunize you from being fired or guarantee you a job if you reapply to your employer.
  • 02-23-2012, 12:40 PM
    Beth3
    Re: Can an Employer Refuse to Rehire You If You've Contacted the EEOC
    If I made a complaint to the EEOC, can my employer automatically deny me eligibility for rehire?

    In theory, no. In reality, I'm sure they'll find some valid reason not to rehire a former employee who took legal action against the company.
  • 02-23-2012, 03:11 PM
    davidmcbeth3
    Re: Can an Employer Refuse to Rehire You If You've Contacted the EEOC
    Quote:

    Quoting Beth3
    View Post
    If I made a complaint to the EEOC, can my employer automatically deny me eligibility for rehire?

    In theory, no. In reality, I'm sure they'll find some valid reason not to rehire a former employee who took legal action against the company.

    It would be impossible to prove unless the employer admits to it.
  • 02-24-2012, 11:09 AM
    ESteele
    Re: Can an Employer Refuse to Rehire You If You've Contacted the EEOC
    The problem with hypotheticals is they are frequently not nuanced. If an employer is discovered failing to consider an otherwise qualified candidate for rehire because he filed an EEOC charge of discrimination, then the company will likely find itself on the losing end of a Title VII retaliation lawsuit (filed by the aggrieved employee and/or the EEOC).

    In reality, though, the aggrieved employee will likely have to establish that the proffered reason for not hiring him back was pretextual. For example, if the company claimed it made the decision to hire someone else because of his superior educational credentials, the aggrieved employee could establish that such an explanation was a pretext for retaliation if he could show he possessed objectively superior credentials.

    In short, the hypothetical is easy. The reality is usually trickier.
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