A vicious cycle of employment discrimination damages?
Something to consider
Some researchers suggest that the filing of a employment discrimination lawsuit may actually hurt an applicants chance of obtaining employment. Conceptually, this could set off a 'vicious cycle' of future damages. Here is how:
Many employers now do regular background checks on potential hires, not only for human resources purposes (truthfulness of resume, litigation propensity, etc.) but also under security protocols. As we all know, any applicant's litigation history can be easily obtained through public information on-line. Thus, the stigma of having sued a former employer follows the employee if the potential employer wants to know the applicant’s litigation history.
Roberta Spoon and Seth Ellis wrote an article in HR Focus (1993), entitled ”Litigation Stigma: Lawsuits Come Back to Haunt”. They surveyed 1100 human resources professionals and found that a great majority would not give equal consideration to hiring an applicant who had previously sued an employer, regardless of the merits of the case, other qualifications remaining equal.
Some researchers suggest that the filing of a employment discrimination lawsuit may actually hurt an applicants chance of obtaining employment. Conceptually, this could set off a 'vicious cycle' of future damages. Here is how:
Many employers now do regular background checks on potential hires, not only for human resources purposes (truthfulness of resume, litigation propensity, etc.) but also under security protocols. As we all know, any applicant's litigation history can be easily obtained through public information on-line. Thus, the stigma of having sued a former employer follows the employee if the potential employer wants to know the applicant’s litigation history.
Roberta Spoon and Seth Ellis wrote an article in HR Focus (1993), entitled ”Litigation Stigma: Lawsuits Come Back to Haunt”. They surveyed 1100 human resources professionals and found that a great majority would not give equal consideration to hiring an applicant who had previously sued an employer, regardless of the merits of the case, other qualifications remaining equal.
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