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Can we refuse to hire someone who previously filed an EEOC charge against us?

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The answer is yes. (You weren’t expecting that, were you?)

But here’s the thing.

The company must base its decision not to rehire a former employee on a legitimate reason. For example, suppose an employee worked as a bartender, and the company terminated her employment for being late to work often and spilling drinks on customers. That would be enough to terminate the employee and not rehire her if she later reapplied for the same position.

Now, I’ll change the facts a bit.

Suppose that after the employer terminated the employee:

she filed a Charge of Discrimination with

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