Discriminating Against the Unemployed

July 14, 2011 – Kudos to U.S. Reps. Rosa DeLauro, D-Conn., and Hank Johnson, D-Ga., who have  introduced legislation that would block employers from discriminating against out-of-work applicants.

The Fair Employment Opportunity Act of 2011, H.R. 2501, would keep both employers and recruiters from refusing to consider unemployed workers for available positions, and would prevent them from including language in any job postings indicating that the unemployed should not apply, the representatives said in a statement.

It is morally reprehensible that employers discriminate against unemployed people.  Workers may have good reason to quit their jobs or they can be fired through no fault of their own.    At present there is no law that specifically addresses workplace bullying, which overwhelming research shows causes the target to suffer potentially serious physical and psychological damage.

A 2007 poll by Zogby International on behalf of the Workplace Bullying Institute found that 64 percent of targets of workplace bullying quit or are fired.  When employers are notified of bullying, most (62%)  do nothing or make matters worse. Why? The vast majority of bullies are bosses (72%) who enjoy support from executive sponsors, peers and human resources.

Specifically, the proposed law would make it illegal for employers and employment agencies to do things like:

  •  consider unemployment status and history in making hiring decisions;
  • publish in job posting that unemployed workers can not apply; and
  • block unemployed people from accessing information about job openings.

The only time it would be lawful for an employer to consider the unemployment status or history of applicant is “where an individual’s employment in a similar or related job for a period of time reasonably proximate to the hiring of such individual is a bona fide occupational qualification reasonably necessary to successful performance of the job that is being filled.”


About pgbarnes
Attorney at Law

Leave a Reply

WordPress.com Logo

Please log in to WordPress.com to post a comment to your blog.

Twitter picture

You are commenting using your Twitter account. (Log Out)

Facebook photo

You are commenting using your Facebook account. (Log Out)

Connecting to %s