We are on call during the COVID-19 emergency and the best way to reach us is through the contact page of our website.
Sterling Employment Law

Should a bias against the unemployed be outlawed?

As readers in Detroit probably know, a great many people are out of work these days. These people face a double-barreled problem. First, there are not that many jobs to go around. Second, after an unemployed person finds a job, he or she might face a bias against people who are or have been out of work. While this practice has not yet been made explicitly illegal, arguments to categorize it as unacceptable discrimination are growing ever louder.

One woman, for instance, thought she had obtained a job as a bus driver only to be told by the recruiter the company was using that the job would not be hers after all because she had been unemployed for too long. Even if only a small number of employers embrace this hiring practice, it would be a huge problem. Nine percent of the people in our country who are looking for work do not have jobs and about 4.5 million people have been without employment for over a year.

Earlier this year, the National Employment Law Project conducted a study and found more than 150 online job posting that specified that qualified applicants would be those who were currently employed. The Equal Opportunity Employment Commission has begun to look into the matter and President Barack Obama has proposed legislation that would make this practice illegal.

Employment and labor professionals say employers pre-screen applications this way because they might be afraid that someone who has been out of work for too long is not employable or has let his or her skills atrophy. Specifying that someone must be "currently employed" to be considered for a job also weeds out some of the many, many people who are sure to apply for any available position.

On the other hand, this policy may be bad for our country because it keeps unemployed people unemployed and thus dependent on costly social programs and unable to pay taxes or boost the economy with their spending. It also has a very negative effect on our nation's black and Hispanic populations, since those groups have higher unemployment rates than do white people.

What do you think? Should the hiring practice of considering only those who are currently employed be prohibited, or do you think it makes sense?

Source: The Associated Press, "Unemployed seek protection against job bias," Sam Hananel, Oct. 9, 2011

No Comments

Leave a comment
Comment Information

Contact Us Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

Sterling Employment Law

Sterling Attorneys at Law, P.C.
33 Bloomfield Hills Parkway
Suite 250
Bloomfield Hills, MI 48304

Toll Free: 888-486-6305
Phone: 248-633-8916
Bloomfield Hills Law Office Map

Get The Legal Help You Need Contact Sterling Employment Law