Finding a new job can already be challenging, but the process may become even more difficult when a former employer interferes with your employment opportunities. If you repeatedly lose job opportunities despite having the necessary qualifications, you may wonder whether a former employer is providing damaging information about you to prospective employers.



This situation is sometimes referred to as employment blacklisting. While not every negative employment reference is illegal in Pennsylvania, certain conduct involving false information, discrimination, retaliation, or unlawful interference with employment opportunities may give an employee grounds to take legal action.

For employees in Philadelphia and throughout Pennsylvania, understanding the difference between a lawful employment reference and potentially unlawful blacklisting can be important when protecting future career opportunities.

What Is Employment Blacklisting?

Employment blacklisting generally refers to actions intended to prevent a current or former employee from obtaining future employment. Rather than referring to an official list, blacklisting can involve communications or conduct that damages someone's professional reputation or discourages other employers from hiring that person.

Examples may include:

• A former employer intentionally providing false information to prospective employers.
• A manager repeatedly contacting companies where a former employee applies and discouraging them from hiring the individual.
• An employer retaliating against a worker by attempting to damage future employment prospects.
• Businesses informally agreeing not to hire certain workers.
• A former employer making materially misleading statements about an employee's performance or conduct.

However, receiving a negative reference does not automatically mean that unlawful blacklisting has occurred. Employers may generally provide truthful information about an employee's job performance when responding to a legitimate reference request.

Is Employment Blacklisting Illegal in Pennsylvania?

Whether employment blacklisting is illegal in Pennsylvania depends heavily on the circumstances surrounding the employer's conduct.

Pennsylvania law provides employers with certain protections when they disclose information about a current or former employee's job performance to a prospective employer. When disclosure is made in response to a request from a prospective employer or the employee, Pennsylvania law generally presumes the former employer acted in good faith.

However, that protection is not unlimited. The presumption of good faith may be challenged with clear and convincing evidence showing, among other circumstances, that the employer knowingly provided false information, provided materially misleading information, acted with reckless disregard for whether information was true or false, or disclosed information prohibited by a contractual, statutory, civil, or common-law right.

As a result, there is an important distinction between an employer truthfully describing someone's work performance and deliberately spreading false or unlawfully motivated information that harms the worker's ability to find employment.

When Blacklisting May Be Connected to Retaliation

Employment blacklisting can raise additional legal concerns when it occurs as retaliation for legally protected activity.

For example, Pennsylvania's Human Relations Commission states that retaliation is prohibited when an employee stands up against unlawful discrimination. The Pennsylvania Human Relations Act also prohibits employment discrimination based on protected characteristics such as race, color, religious creed, ancestry, age, sex, national origin, and certain disabilities.

Depending on the circumstances, federal employment laws may provide additional protections.

Blacklisting may therefore be especially concerning when a former employer attempts to interfere with someone's career because the employee previously:

• Reported workplace discrimination or harassment.
• Participated in a discrimination investigation.
• Filed a workplace complaint protected by law.
• Reported certain unlawful workplace practices.
• Exercised another legally protected employment right.

Pennsylvania's Whistleblower Law also provides retaliation protections in qualifying circumstances involving good-faith reports of wrongdoing or waste.

Whether a particular employee is protected will depend on the applicable law and the specific circumstances.

Philadelphia Employees May Have Additional Protections

Employees working in Philadelphia should also consider local employment protections.

Philadelphia's current code concerning retaliation expressly includes blacklisting and interference with current employment or employment prospects within its definition of an adverse action for purposes of that chapter.

Because Pennsylvania, federal, and Philadelphia employment laws can potentially overlap, workers who believe a former employer is deliberately interfering with their ability to find work should consider having the circumstances evaluated individually.

How Can You Tell If a Former Employer Is Blacklisting You?

Blacklisting often occurs behind the scenes, which can make it difficult to identify. A job applicant may receive positive feedback throughout an interview process only for the employer to suddenly withdraw interest after checking references.

Potential warning signs can include:

• Multiple promising job opportunities disappearing after reference checks.
• Recruiters mentioning concerning information from a previous employer.
• A prospective employer unexpectedly asking about allegations you know are false.
• Former coworkers learning that management has been discussing you negatively with potential employers.
• A former supervisor threatening to prevent you from working elsewhere.
• A pattern of rejected applications that begins after a dispute with a former employer.

None of these circumstances automatically proves illegal conduct. However, a consistent pattern may justify taking a closer look at what is happening.

What Should You Do If You Suspect Employment Blacklisting?

If you believe a former employer is interfering with your job search, documentation can be particularly important.

Keep copies of job applications, emails with recruiters, interview correspondence, reference requests, termination paperwork, performance evaluations, and communications with your former employer. Write down the dates and circumstances surrounding suspicious employment decisions while the details are still fresh.

You should also preserve any messages in which a former employer or supervisor threatens your career or discusses contacting prospective employers.

Avoid deleting emails, text messages, voicemails, or other evidence that could later help establish what occurred.

False Statements From a Former Employer Can Matter

Pennsylvania law's protections for employers providing job-performance information do not create unlimited freedom to say anything about a former employee.

As noted above, Pennsylvania's employer-reference statute allows the presumption of good faith to be rebutted in circumstances involving information the employer knew was false, materially misleading information, statements made with reckless disregard for truth or falsity, or disclosures prohibited by other legal rights.

The details of what was said, who received the information, why it was communicated, and what consequences followed can therefore become important when evaluating a potential claim.

Protecting Your Employment Opportunities in Pennsylvania

Losing a job opportunity because a former employer provided legitimate and truthful information is different from losing opportunities because someone intentionally spread false information or retaliated against you for exercising protected rights.

Employment disputes involving references and alleged blacklisting can be complicated because employees often do not know exactly what was communicated between their former and prospective employers. Determining whether actionable conduct occurred may require examining the communications, employment history, applicable workplace protections, and circumstances surrounding rejected job opportunities.

Contact The Lovitz Law Firm About Employment Blacklisting in Philadelphia

If you believe a current or former employer has unlawfully interfered with your ability to obtain employment, you do not have to evaluate the situation alone.

At The Lovitz Law Firm, we provide legal assistance to employees in Philadelphia and the surrounding Pennsylvania communities who are dealing with workplace disputes and employment-related concerns. We can review the circumstances surrounding suspected employment blacklisting, retaliation, damaging employment references, and other potential violations of workplace rights.

Contact The Lovitz Law Firm to discuss your situation and learn more about your legal options under Pennsylvania employment law.