Insights

Home > News & Insights > Insights > American Jobs Act to Include Provision Prohibiting Discrimination Based on Unemployment Status

Share this on:   a b j c

American Jobs Act to Include Provision Prohibiting Discrimination Based on Unemployment Status

Published by on October 6, 2011

The new Jobs Act proposed by the White House has a provision that prohibits employers from discriminating against unemployed workers when hiring.  This is a recent topic of interest to the EEOC.  More after the break. According to Judy Greenwald at BusinessInsurance.com, the unemployment discrimination provision begins with Section 371, which is the Fair Employment […]

The new Jobs Act proposed by the White House has a provision that prohibits employers from discriminating against unemployed workers when hiring.  This is a recent topic of interest to the EEOC.  More after the break.

According to Judy Greenwald at BusinessInsurance.com, the unemployment discrimination provision begins with Section 371, which is the Fair Employment Opportunity Act of 2011.  The Act’s purpose is to prohibit employers from disqualifying individuals from positions based on their unemployed status.  Although employers may still consider an individual’s employment history and the reasons for their unemployment, businesses would be prohibited from publishing or advertising for a job that disqualifies unemployed individuals.  The Act states that employers could be fined up to $1,000 for each day’s violation in addition to attorneys’ fees and costs. 

The Equal Employment Opportunity Commission recently held a public hearing to examine employers’ treatment of the unemployed.  The Commission is concerned that many employers use current unemployed status as a hiring criteria, and this may disproportionately affect certain racial and ethnic minorities, along with individuals with disabilities. 

To view the White House Fact Sheet on the American Jobs Act click here.

To access the EEOC press release concerning its hearing on the treatment of unemployed job applicants click here

Topics:

Share:   a b j c