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Alleged Inconsistent Enforcement of Non-Compete Agreements Raised in Discrimination Case

By Peter (Pete) A. Steinmeyer & Erica McKinney on May 16, 2019
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Employers sometimes ask whether it matters if they are inconsistent in their enforcement of non-competes.  Typically, the issue is analyzed in terms of whether inconsistent enforcement undercuts the legitimate business interest justifying the restriction.  However, in a pending lawsuit, Miller v. Canadian National Railway Co., the issue is being raised in a different context: whether alleged inconsistent enforcement was racially motivated.  Specifically, the plaintiff in that case alleges that “[b]y enforcing the non-compete against Miller and not against similarly situated white employees, Defendants are interfering with Miller’s future employment relationships because of his race.”

Enforcement of non-competes rarely comes up in the context of a discrimination claim, but as illustrated by this case, this is another factor of which employers should be aware when considering whether to enforce a restrictive covenant.

  • Posted in:
    Employment & Labor
  • Blog:
    Trade Secrets & Employee Mobility
  • Organization:
    Epstein Becker & Green, P.C.

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