Employment Application Questions

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption