EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – Blacklisting; Hire; Refusal to Recommend
Single Topic for Decision 2530E
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503.06000 – Blacklisting; Hire; Refusal to Recommend
EERA’s prohibition against interference, discrimination and reprisals logically encompasses a former employer’s efforts to prevent former employees from obtaining subsequent work because of their protected activity while employed by the former employer. A charging party may establish a prima facie violation on the basis of blacklisting by showing that a respondent interfered with the employment process by causing or attempting to cause a potential employer to refuse to hire the applicant because of the applicant’s union activities or other conduct protected by EERA.