Kathleen Robinson
LS498 – BSLS Capstone
Professor Victoria Corbo
May 16, 2013
The downturn in the economy has resulted in a high percentage of long-term unemployed people. To combat the issue, legislatures are attempting to make it illegal nationwide for employers to post job openings that bar unemployed applicants, and by making unemployment a protected classification. As these proposed laws will impact businesses and how they operate, it is crucial for businesses, human resource professionals, and labor and employment counsel to understand the changing laws and the implications on employers with operations in each affected state. Once a better understanding of the anti-unemployment discrimination issue is gained, employers will be better prepared to comply with the existing and potential laws so as to avoid penalties. Findings will show that there are better ways to deal with the issue as opposed to making unemployed discrimination a protected classification. Research into the issue was derived from the National Conference of State Legislatures, law journals, legal updates, news articles, and statutes. By using these resources, it was discovered that proposed anti-unemployment discrimination laws are failing, that unemployment becomes an issue during times of economic crisis, and that existing federal and state laws already protect people from discrimination with respect to employment-related decisions. Findings from research indicate that there is no one method that can help improve the unemployment rate. Instead of making it illegal for employers to make hiring decisions while considering a person’s unemployment status, the government should work in conjunction with employers by offering incentives and training programs to help reduce the unemployment figures.
Shouldn’t employers be able to consider an applicant’s unemployment status without being fearful of accusations of unemployment discrimination?
References: National Conference of State Legislatures (2013). “Discrimination Against The Unemployed,” retrieved from URL http://www.ncsl.org/issues-research / labor / discrimination-against-the-unemployed.aspx N.J.S.A Puzzhangera, Jim (2013) “Economy Adds 165,000 Jobs In April; Unemployment Rate Down To 7.5%,” retrieved from URL http://www.latimes.com/business/money/la-fi-mo-unemployment-rate-jobs-economy-20130503,0,973835.story FINAL PROPOSAL Reference: Bowman, Michele “NYC Employers Can’t Refuse to Hire the Unemployed” (2013) retrieved 3/22/13 from URL http://blogs.lawyers.com/2013/03/discrimination-against-unemployed-illegal-nyc/