May an employer create a "black list" of individuals that it will refuse to hire?

Author: Michael C. Jacobson, XpertHR Legal Editor

Probably not. A number of states have laws that specifically prohibit employers from creating blacklists, particularly when they black list specific types of individuals (individuals who belong to a union, for example). It's important to be familiar with the laws pertaining to hiring practices in the corresponding state before creating a list of this nature. It's also important to remember that listing individuals on a so-called "black list" may create exposure to discrimination claims if the individuals on the list disproportionately fit into one or more "protective classes" that are determined by federal, state and municipal law.