Finding a new job can be challenging enough without a former employer interfering with your opportunities. When a worker repeatedly loses job opportunities because a former employer is sharing damaging information, discouraging companies from hiring them, or retaliating against them for exercising workplace rights, the employee may wonder whether they have been “blacklisted.”

Employment blacklisting can take several forms, and whether it is illegal in New York depends heavily on why the employer acted, what information was communicated, and whether the conduct violated an employee's rights. Workers in New York City who believe a current or former employer is intentionally interfering with their employment opportunities should understand the protections that may apply.

What Does Employment Blacklisting Mean?

Employment blacklisting generally describes conduct intended to prevent a current or former employee from obtaining future employment.

Rather than referring to a single official “blacklist,” the term can describe actions such as providing damaging references, contacting prospective employers, spreading false information, or discouraging other businesses from hiring someone.

Not every negative reference or unfavorable statement is automatically unlawful. Employers may have legitimate reasons for providing truthful information about an employee's work history. The legal concerns become more significant when negative actions are based on unlawful discrimination, retaliation, knowingly false information, or another prohibited reason.

Is Employment Blacklisting Illegal in New York?

There is no single New York law making every form of conduct commonly described as “blacklisting” automatically illegal. However, certain actions that effectively blacklist an employee can violate state or federal employment laws.

For example, the New York State Department of Labor explains that actionable retaliation can occur after an individual is no longer employed and may include giving an unwarranted negative reference to a former employee.

New York law also prohibits employers from retaliating against workers for certain legally protected activities. New York Labor Law Section 740, for example, provides protections against retaliatory actions involving qualifying whistleblower activity.

Depending on the circumstances, an employer's attempt to interfere with a former employee's job prospects could therefore raise legal concerns when it is connected to protected workplace activity.

Blacklisting as a Form of Workplace Retaliation

Retaliation is particularly important when evaluating potential employment blacklisting in New York.

New York employers generally cannot punish employees for exercising rights protected by applicable labor laws. The New York State Department of Labor states that employers cannot discharge, penalize, discriminate, or retaliate against employees for making complaints about possible labor-law violations or exercising protected rights.

Depending on the law involved, protected conduct could include reporting suspected wage violations, making certain discrimination or harassment complaints, participating in an investigation, or reporting qualifying unlawful workplace conduct.

A former employer who deliberately attempts to prevent a worker from finding another job because the worker exercised a protected right could potentially expose the employer to a retaliation claim.

Salary History and New York Job Applicants

New York employees and applicants also have important protections regarding salary history.

Under New York Labor Law Section 194-a, employers generally cannot request or require an applicant's wage or salary history as a condition of being interviewed or considered for employment. The law also prohibits certain retaliation against applicants and employees who refuse to provide salary history or who file complaints alleging violations of the law.

New York's pay transparency law separately prohibits retaliation against applicants and employees for exercising rights provided under that statute.

These protections can become relevant when a worker suspects that communications between employers are improperly affecting hiring decisions.

What Are Signs That You May Be Experiencing Employment Blacklisting?

Proving employment blacklisting can be difficult because job applicants are not always told why they were rejected. However, certain patterns may raise concerns.

For example, a worker might consistently receive positive responses from prospective employers until references are contacted. A recruiter might unexpectedly stop communicating after speaking with a former employer, or a prospective employer may mention negative information that the applicant believes is false.

These circumstances do not necessarily prove illegal conduct, but they may justify taking a closer look at what happened.

What Should You Do If You Suspect You Have Been Blacklisted?

If you believe a current or former employer is interfering with your employment opportunities, preserving documentation can be important. Keep copies of emails, text messages, job applications, rejection notices, performance evaluations, workplace complaints, and communications involving prospective employers.

You may also want to document the dates of interviews and reference checks and any comments recruiters or hiring managers make about your former employer.

Because the legality of employment blacklisting depends heavily on the circumstances, speaking with a New York employment attorney can help you determine whether the conduct may constitute unlawful retaliation, discrimination, or another violation of your employment rights.

Speak With a New York City Employment Attorney

Losing employment opportunities because of potentially unlawful conduct by a current or former employer can affect your career and financial stability. New York workers have protections against several forms of retaliation and other prohibited employment practices.

At LAWYERFORWORKERS, we provide legal assistance to employees throughout New York City who are dealing with workplace disputes and potential violations of their employment rights. If you believe a former employer has blacklisted you, provided a retaliatory reference, or otherwise interfered with your ability to obtain employment, our firm can review the circumstances and discuss the legal options that may be available.

Contact LAWYERFORWORKERS to discuss your situation with a New York City employment attorney.