You do the right thing and report unethical behavior. Then, the worst happens. You’re suddenly pushed out of your job and find it impossible to get a new job elsewhere. You’ve been blacklisted.
The good news is in many cases, blacklists are illegal. The bad news is it isn’t illegal in every state in the US. No matter what, it’s a highly unethical practice that still goes on, even in states where it’s officially illegal to do so.
Businesses aren’t always content to just fire someone for whistleblowing. While blacklists don’t exist just for whistleblowers, it’s all too common to put employees on a list for disrupting questionable and illegal practices. This is usually done by a supervisor or business owner that was punished or fined as a direct result of the whistleblower.
Employees don’t just get fired. This is bad enough on its own. However, some businesses and employers go the extra mile by trying to prevent the employee from getting hired elsewhere.
Blacklists are still legal in some states. Employers are allowed to share information to other area businesses and those in the same industry to block an ex-employee from getting a new job. It’s a vindictive approach and doesn’t benefit anyone.
Blacklist Databases Are Becoming Illegal
As everyone knows, having a law in place doesn’t mean everyone will follow it. Whistleblowers know this firsthand. Currently, 29 states have laws against blacklists. The exact laws vary. Some strictly prohibit all forms of blacklisting, even word of mouth. Others only prohibit actual lists, but not word of mouth. If you believe you’re a victim of blacklisting, you should contact a lawyer to see if you’re protected.
Even in states where there isn’t a statewide law, there may still be other protections in place on a local level. A lawyer may also be able to use blacklisting to prove wrongful termination and that you’re employer is simply being spiteful. Nolo.com provides a list of states with blacklisting laws to help you better understand how you’re protected. Businesses should also look closely at this list as employees do have the right to sue under the law.
Blacklisting Hurts Businesses
Background checks are a good thing; but, blacklists harm everyone involved. A background check can help a business avoid hiring someone with a known criminal background, such as hiring someone charged with shoplifting to run cash registers.
Blacklist databases hurt good employees who didn’t do anything wrong. They simply angered the wrong person or people. They shouldn’t be punished for that, especially for speaking up against wrongdoing.
First of all, blacklisting can hurt a business’s reputation when people find out. The business could easily lose current employees who don’t want to be associated with a business like that. It could also cause them to lose customers.
Second, other businesses then miss out on hiring a great employee. If it becomes common knowledge that a company is using a blacklist to filter out job candidates, it can hurt their reputation too.
The best approach is to avoid putting an employee on a blacklist and using blacklists or word of mouth blacklisting to vet candidates. Even more importantly, accept whistleblowing as a valid way to improve the business instead of punishing employees.
FAQs
Blacklist Databases Are Becoming Illegal
Why is blacklisting illegal? ›
Legal Issues Around Blacklisting
Employers and recruiters never admit to blacklisting and for good reason. If found guilty, they potentially risk legal action around defamation, separation agreement violations and/or noncompete agreement violations. Legal action can be considered both criminal and civil in nature.
Is blacklisting defamation? ›
Don't Let Past Employers Ruin Your Future
You deserve a fair chance at employment. If a past employer is trying to blacklist you, you may be able to sue them for defaming you. If they are lying about you or otherwise taking illegal actions to impact your future employment, you have the right to fight back.
What is the blacklist law? ›
Blacklisting refers to the practice of preventing individuals from obtaining employment based on real or perceived grievances, often without their knowledge.
What are the consequences of blacklisting? ›
Impact of blacklisting on individuals
The impact can be both financial and personal, affecting their ability to access credit, find employment, or even rent a property. One of the most immediate and tangible impacts of blacklisting is the difficulty in obtaining credit or loans.
Is blacklisting illegal in the US? ›
Employment laws on blacklisting vary by state. But the overall rule is that intentionally preventing a person from getting hired is illegal. There are at least 29 states with blacklisting statutes, according to legal information provider Nolo.
Why is being blacklisted bad? ›
“Blacklist” is now defined as a list of people or things that are regarded as unacceptable or untrustworthy and should be excluded or avoided. For example, if your security team suspects a certain IP address is performing suspicious activity, they may block users from that IP address from visiting your website.
What is malicious blacklisting? ›
An IP address can wind up on a blacklist because it has hosted unacceptable content, such as p*rnography, or because it contains code that might be harmful or a virus that might spread. Addresses are also blacklisted to block email deliveries from addresses and domains known to be sources of spam, fraud, or cybercrime.
Can I sue my boss for talking behind my back? ›
Yes, you may be able to sue your employer for verbal abuse. Although state law generally doesn't recognize it as a separate cause of action, in some cases verbal abuse can constitute illegal workplace discrimination under state and federal law.
Is the blacklist inappropriate? ›
Every episode contains intense sequences of violence and action which can get extremely graphic for a TV-14 rated program. In one episode, a man has his leg broken causing the bone to stick out and a woman tortures him by twisting his leg. As the seasons progress, the violence increases.
The first mention of The Blacklist appeared on August 13, 2012, when Jon Bokenkamp came up with the idea of an international crime series introduced to him by John Fox, his fellow producer The same day it was revealed that NBC had bought rights for the series from Sony.
Who can blacklist you? ›
Failing to fulfil financial obligations, such as neglecting timely payments on credit cards, loans, or other forms of credit, can result in being blacklisted. This occurs when creditors report instances of missed payments to credit bureaus, negatively impacting the individual's creditworthiness.
What happens after 5 years of being blacklisted? ›
Once you have been blacklisted you will have a bad credit record for anything from 2 – 10 years, depending on the type of listing that you have against you, but even after this period of time, a judgment can be issued against you if you have not paid the money that you owe.
Is blacklisting permanent? ›
Being on a blacklist doesn't have to be a permanent predicament. First, you have to find out if you're on a blacklist. A career coach could help you discover if you've been blacklisted, or a recruiter you have a relationship with could also help.
Does blacklisting no longer exist? ›
However, for some time now, there has been no such thing as being blacklisted in South Africa. This is because credit bureaus store both negative and positive information regarding your credit profile/ credit history. The term "blacklisting" can be misleading.
What happened to you if you were blacklisted? ›
Even a small faux pas during an interview could cause your name to be written down on a blacklist. No one wants to end up on such a list. Being blacklisted means recruiters will not work with you, and will ensure your résumé won't end up in front of a hiring manager.
What was the goal of blacklisting? ›
The blacklist was implemented by the Hollywood studios to promote their patriotic credentials in the face of public attacks and served to shield the film industry from the economic harm that would result from an association of its product with subversives.
What is blacklisting and why were people blacklisted? ›
In the context of the 1940s and 1950s, a blacklist was a list of persons whose opinions or associations were deemed politically inconvenient or commercially troublesome, thereby subjecting them to either difficulty finding work or termination from employment.
