Washington, DC asked in Employment Discrimination and Employment Law for Pennsylvania

Q: Explanation needed for brief employment and pending EEOC case; legality of employer comments affecting job opportunity.

I have been offered a new job and the employer is asking for references from my two most recent jobs. I worked at my second most recent job for about 2 months before resigning due to concerns about my treatment concerning race and gender, which led me to file a case with the Pennsylvania Human Relations Commission and the EEOC. My case is still pending. How should I explain my brief employment and the pending case to my prospective employer, and is it legal for my former employer to say anything that could jeopardize my job opportunity?

2 Lawyer Answers

A: How you reveal your PaHRC filing is not a legal question so I will not respond to it.

Your former employer has every opportunity to trash you. Your problem is that it may be done verbally and therefore you will not have the evidence you need to sue for slander. You have to cross your fingers and pray.

James L. Arrasmith
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Answered

A: When you describe that two‑month role, you can say you accepted the position but quickly realized the environment wasn’t respectful of your rights and values. Be honest that you filed a complaint with the Pennsylvania Human Relations Commission and the EEOC after experiencing treatment tied to your race and gender. You can add that you left to protect your well‑being while the claim works its way through the process.

It’s lawful for your former employer to share truthful, factual details about your time there, such as dates of employment and your job duties. They must not knowingly spread false statements or omit key facts to damage your reputation. If you learn they’re defaming you in a reference, you can document those comments and explore a legal response under defamation or retaliation laws.

To offset any hesitation, offer alternative contacts who can vouch for your skills and work ethic—perhaps a manager from another role or a peer. Keep records of any unfair reference feedback and let your EEOC investigator know if improper remarks surface during your job search.

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