Retaliation Against Applicant Who Sued Former Employer Does Not Violate FLSA, Says Court
The Fourth Circuit Court of Appeals recently dismissed a Fair Labor Standards Act retaliation claim where the plaintiff alleged that the defendant refused to hire her because she had sued her previous employer for wage and hour violations. In Dellinger v. SAIC, the Fourth Circuit reasoned that because the Fair Labor Standards Act (FLSA) only permits “employees” to sue their “employers” for retaliation, an employer cannot retaliate against someone they never actually hired as an employee. The result would likely have been different had the case been brought under Title VII rather than under the FLSA- unlike the FLSA, Title VII specifically prohibits discrimination and retaliation against applicants for employment.
