Unemployed Still Discriminated Against, Study Says

A new study by the National Employment Law Project reports that many employers still discriminate against the unemployed. As job growth has stagnated, the research shows that employers are effectively denying employment to the jobless by requiring that job applicants already be working. This report coincides with the introduction of the Fair Employment Opportunity Act, legislation in the House of Representatives that seeks to prohibit employers and agencies from denying job applicants because they are unemployed.

The research by the advocacy group National Employment Law Project included searches through job postings on the country’s four largest online job sites, CareerBuilder.com, Monster.com, Indeed.com, and Craigslist.com. The informal research identified over 150 ads that specifically stated that job applicants “must be currently employed” or “no unemployed candidates will be considered.” Even some universities were carrying out this practice, according to the report, including Johns Hopkins University, the University of Arizona and Lakeshore Technical College. 

Christine Owens, the executive director of the project, said “This pernicious practice adds a tremendous burden for unemployed workers as they look for jobs. For the millions of jobless Americans struggling to climb out of the deepest jobs hole in many decades, nothing can be more demoralizing than the double-whammy of losing a job and then learning they will not be considered for new positions because they are not currently working. ”

According to the Huffington Post, this business practice hurts a large amount of Americans, as the job crisis is still far from over. As of June, nearly 6.3 million U.S. workers had been out of work for six months or longer, the average length of unemployment has steadily risen to almost 40 weeks, and there were nearly five job applicants for every job opening as of the most recent data in May. The national unemployment rate is currently at a high 9.2%, but the rate of those unemployed or underemployed approaches a whopping 16%.

The Fair Employment Opportunity Act of 2011 is sponsored by Representatives Rosa DeLauro of Connecticut and Henry Johnson, Jr. of Georgia. Despite the passing of legislation, discrimination frequently permeates the job application process and the workplace. Though an employer can decide to fire you or not to hire you based on qualifications or performance, the employer may not do so because you are part of a protected category (race, religion, age, etc.). If you feel you are being discriminated or retaliated against in violation of your civil rights, contact an experienced job discrimination attorney to see if you are eligible to file a claim against an employer.