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An employer cannot refuse to employ a job applicant who previously undertook protected legal activity while employed elsewhere

It is a well established legal principle that it is illegal to retaliate against an employee who engages in legally protected conduct, e.g, complaining about discrimination, sexual harassment, unpaid wages and commissions.  This principle extends to individuals who engaged in legally protected conduct at another employer.  In other words, Employer A cannot deny employment to an individual because they are worried that the individual filed a complaint of discrimination at Employer B.  The individual’s legally protected activity may not be used as a factor to deny a job applicant the opportunity to participate in the interview process.

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464


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