Employment Application Questions

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Employment Application Questions

Can we inquire on an employment application about a person’s history of filing lawsuits, EEOC/DOL complaints, workers comp claims, etc?

Asked on June 4, 2009 under Employment Labor Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I'm not a Texas lawyer, but I'm pretty sure you can't do that.  It would be at least an indirect form of retaliation or discrimination against prospective employees, for exercising their rights, which is almost certainly illegal as to both the EEOC/DOL matters and workers compensation claims.

If you want to see if Texas law, or the unique facts of your situation, give you any options in this regard, you should talk to an attorney in your area.  One place to look for a lawyer is our website, http://attorneypages.com


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