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Employment Law Discrimination
“Many employers fail to realize that the prohibitions against discrimination set forth in
the Title VII of the Civil Rights Act of 1964 encompass post-employment conduct as well.
Specific court cases reveal that giving a negative reference or disclosure to employers that Equal
Employment Opportunity Commission (EEOC) charges have been filed by the employee can
trigger Title VII liability on the part of the employer. Another issue is whether an employer can
be held liable for discrimination when the reference itself is motivated by discriminatory reasons
and not just as a retaliation tactic” (Kleiner, 1993/1994, para. Abstract).
Elements of the cause, defenses and ruling
“In today’s legal environment an employer’s failure to recognize the consequences of