ABSTRACT

Blacklisting consists of placing an individual's name on a circulated list of persons who are disapproved of or who are to be punished for or prevented from associating with or gaining economic advantage from a particular favored group or gaining access to the privileges bestowed upon individuals holding a perceived favored status. Blacklisting is generally discriminatory and illegal when used to single out a particular individual on the basis of race, religion, gender, national origin, or beliefs. Intentional blacklisting violates federal and state statutes in numerous areas of the law. Under the federal False Claims Reform Act of 1986, employees may be entitled to monetary awards for undertaking the risk of blacklisting, retaliatory employment termination, and other loss of compensation and benefits. The Department of Defense has adopted a federal acquisition regulation that clarifies the criteria for blacklisting of contractors and companies that have an unsatisfactory record of integrity and business ethics.