L03 Statements by Employees

Embellishments and resumes are symbiotic. Few downplay their qualifications when seeking work. The situation differs when applicants falsify their qualifications or omit material information.

Courts rarely make findings of discrimination when an employer has a consistently enforced policy of disqualifying applicants who fabricate or omit material information and provide notice – usually on the application form.

Employers that discover a falsification or omission subsequent to hiring will generally be able to defend against any claim of discrimination so long as they have a policy requiring applicants to provide complete and truthful information. It is often stated that the consequence of doing so will either be a disqualification or termination, and that the policy is consistently enforced and made known to job candidates. Falsifications and omissions must involve material matters. Trivialities such as slight variations in dates will not provide a defense when actions alleging discrimination have been filed.

Next, let’s look at discriminatory policies and practices.