
Quoting
cbg
Let's put it this way.
Your former employee wouldn't have to work very hard to show a prima facie case. I told you on the other forum where I've seen this question that I'd rather be the attorney representing the employee than the one representing your employer. I would recommend doing whatever it takes to keep this from getting to a formal discrimination claim because right now, your chances of winning aren't very high IMO. Reinstate the employee, settle money on the employee, fire the hire-up; whatever it takes. But if this goes to the EEOC and eventually to court, you're toast.