Word to the Wise: Don't Retaliate in Your Job Ads


This morning someone sent me a Facebook job ad.  It's for a Mexican restaurant in Macon, Georgia, and the folks in charge at that restaurant are apparently very concerned about litigious employees.  In fact, they are so concerned that they included "No lawsuits against your former employers!!" as one of the job requirements.  No, seriously.  Here's the post:

I hate to break it to Margaritas, but that's not okay.  Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act and several other workplace laws extend protections to applicants as well as employees.  That means that employers may not retaliate against applicants who have engaged in "protected activity" as defined by those statutes, and "protected activity" would include filing a lawsuit. 

Not only is this a likely violation of several federal anti-discrimination laws, it also should be a red flag for potential employees.  If this employer was truly concerned about providing a non-discriminatory and non-retaliatory environment, an applicant's prior litigation history shouldn't be a concern.  

Many of our clients worry about the effects of a lawsuit on their future employment prospects, and this ad sadly shows why they are sometimes justified in those concerns.  Workplace laws are in place to prevent discrimination, harassment, and retaliation.  Employees should not be afraid to step up and protect their right to work in a fair and non-discriminatory environment. 

Here's the full Facebook post:

Whether you're looking to work for an employer like Margaritas (which I don't recommend, but hey everyone needs a job), or your current employer has retaliated against you, it's best to talk to an attorney.  Contact us to talk about your workplace rights today.