It’s not easy to take legal action against an employer – no matter how discriminatory or otherwise illegal their actions have been.
Aside from the emotional toll of opening your professional (and personal) life to scrutiny, you may have a real fear of retaliation – especially if your employer threatens to “blacklist” you in your industry. The worry that you’ll be labeled a troublemaker and your professional reputation will be forever tarnished can be huge.
Blacklisting as retaliation is illegal
Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against an employee for engaging in protected activities. Those protected activities include filing a complaint or a lawsuit against an employer for things like discrimination, sexual harassment, wage violations and unsafe working conditions.
Indiana state law also specifically forbids employers from actively trying to prevent a former employee from obtaining other employment. If they spread untrue information or purposefully discourage other employers from hiring you, they can be held liable for damages. Most employers are savvy enough to realize that the legal and financial danger to themselves isn’t worth the act of revenge.
You can still take steps to protect yourself
Since this fear does tend to loom large, you may still want to take steps to protect your career and reputation. Make sure that you document everything you can before you file your lawsuit. The more evidence you have is, the stronger your case will be – and the harder it will be for your employer to claim that your lawsuit was baseless or just malicious because you were disgruntled.
If you ultimately settle your claim with your prior employer out of court, future employers may never learn about it. If you file a lawsuit, that may come up in a background check. If it does, address the issue honestly – but briefly – without bad-mouthing your former employer. It’s enough to say, “I filed a claim about racial discrimination,” for example, and then move on.
Don’t let the fear of being blacklisted keep you tied to a position where you face discrimination or other untenable working conditions. Legal guidance can help you find a path forward.