In a significant employment law case, the Fourth Circuit ruled last Friday
that an employer may decline employment to a prospective employees due to her
having made FLSA charges against a previous employer. The case, decided 2-1
over a strong dissent from Judge King, is Dellinger v. Science Applications International Corp [an enhanced version of this opinion is available to lexis.com
Dellinger had sued her then current
employer for a Fair Labor Standards Act violation, and applied to the
Plaintiff, Science, during the lawsuit proceedings for a new position.
Science offered Dellinger a job, and requested that she inform it of any civil
actions to which she was a party as a condition of her security clearance. Upon
learning of the FLSA charges, Science withdrew its offer. Dellinger sued,
alleging that Science had taken its action in retaliation to her FLSA charge.
Her case was dismissed by the district court, and the Fourth Circuit
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