We have found another recent case where a laid off employee was not rehired after she filed claims of discrimination with the EEOC. However, in this case the court found that the employer’s reason for refusal to rehire the employee was legitimate and therefore held that there was no retaliation. See our blog entry of May 23, 2011.
In Lyons v. Metropolitan Government of Nashville and Davidson County, a school employee was terminated and thereafter filed a charge of discrimination with the EEOC, and later a charge of retaliation – that the school did not rehire her because she had filed the first charge.
A federal appeals court ruled that the school’s reason for refusing to rehire her – that her psychiatrist reported to the police that she told him that she “felt like blowing up the school” – was a legitimate, non-pretextual business decision.