Customer (name blocked for privacy),
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The fact that a potential candidate brought lawsuits against a previous employer (or employers) wouldn't appear to be discrimination.
When looking into hiring an employee the relationship the employee had with past employers is often quite important in making a hiring decision. It can tell the employer whether he/she can expect to be hiring an employee who works well with others or whether the individual might be a disruption for the business if hired.
Basically, the fact that lawsuits were previously brought would be part of the process of the potential employer in reviewing the employment history of the individual. Because it would materially affect the chances that he/she would be a good employee it would not be discrimination and could be taken into account in the hiring process.
Only by refusing to hire someone because of a completely irrelevant feature (Age, Sex, Race, etc) would discrimination have taken place. The past lawsuits may indicate a potential for conflict and materially affect his/her ability to be a potentially strong employee. A good employer would give the individual an opportunity to explain the lawsuits but using that has part of the hiring considerations would not be discriminatory.
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