For employers, it is critical to be aware of unemployment discrimination. Failing to consider a potential employee just because they have been out of work for a long time is considered discrimination and is illegal. An unemployment attorney can provide information on what federal and state laws apply to actions that could be considered discriminatory.
What the law protects
While there is no current federal law that prohibits discrimination against people with no work history, an applicant can still file a claim at the time of their interview or application if they feel they are being treated unfairly because of their work history. Applicants can also hire an unemployment attorney to help them, which can be detrimental to the employer or employer.
An unequal impact charge is when the employer uses lack of employment for a period of time as the sole reason for not giving an applicant a fair chance at a position. This can be seen as a general policy used to exclude applicants who are not currently working. If the unemployment attorney can prove that a company is using a different impact charge, this may be grounds for legal action.
States that prohibit unemployment discrimination
There are only two states that currently prohibit this practice: Oregon and New Jersey. These states have passed laws that prohibit not hiring someone who is unemployed if they are qualified for the position. Due to the laws of these two states, employers cannot post job advertisements that prevent hiring someone who is not currently working. Each state has its own policies, so it can be helpful to find out which ones will take action against a company if a complaint is filed.
As an employer, it is imperative to have a good understanding of federal laws and employee rights. Without this, the company may run the risk of facing legal problems. While some people make unsuccessful unemployment discrimination claims, a good unemployment attorney can often be successful in winning a case for their client. Knowing the laws of the state in which business is conducted can prevent future lawsuits for the employer. A good screening practice to consider is not to use employment history as the only reason for choosing applicants. Be sure to consider other parts of the application as well, such as educational history or special skills.
