Karen Shapiro publishes Legislative Affairs Update for December 2011
By: Karen N. Shapiro
Montgomery County Society for Human Resource Management (MCSHRM) Chapter Newsletter
The US Court of Appeals for the Fourth Circuit has rejected a Fair Labor Standards Act (“FLSA”) claim by an applicant that she was not hired and retaliated against because of a prior FLSA lawsuit against a prior employer.
In July 2009, Natalie Dellinger sued her former employer, CACI, Inc. (“CACI”), for alleged violations of the FLSA. Soon thereafter she applied for a job with Science Applications International Corporation (“SAIC”). SAIC offered Ms. Dellinger a position contingent on the transfer of her security clearance, among other things. On the form required for the security clearance, Ms. Dellinger was asked to identify any pending court cases to which she was a party. She listed her lawsuit against CACI. A few days later, SAIC withdrew its offer of employment.
Ms. Dellinger sued SAIC alleging that it discriminated and retaliated against her based on her exercise of her right to file an FLSA lawsuit. The Court found that, by the language of the FLSA, an applicant who never began or performed any work could not be an employee with a private right of action under the statute. The Court held that the FLSA gives an employee the right to sue only her current or former employer and that a prospective employee cannot sue a prospective employer for retaliation under the FLSA.
This article is reprinted with permission from MCSHRM.
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