DC Council Unanimously Votes in Favor of Law Prohibiting Employers from Discriminating against the Unemployed
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02/27/2012
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On February 7, 2012, the Council for the District of Columbia unanimously voted in favor of the Unemployed Anti-Discrimination Act of 2012 during the proposed law's first reading. The Act aims to prohibit employment discrimination on the basis of an individual’s history or status of unemployment and would amend the D.C. Human Rights Act of 1977 by adding “status as unemployed” as a protected class.
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Citing concerns for unemployed job seekers amid reports that many employers discriminate against the unemployed, combined with increased levels of unemployment in the District, D.C. Councilmembers Yvette Alexander and Kwame Brown introduced the Act on September 20, 2011.
The proposed law would prohibit employers from considering a job applicant’s status as unemployed in the hiring process. Specifically, the law would prohibit an employer or employment agency from:
The pending legislation, however, does not forbid job advertisements from listing job qualifications such as current and valid occupational or professional licenses, permits, and other credentials if required to perform the advertised job.
Additionally, the law would not preclude employers or employment agencies from assessing the reasons underlying a job applicant’s status as unemployed in evaluating the applicant's “ability to perform a job or in otherwise making employment decisions about that individual.”
Furthermore, the proposed law would grant the D.C. Office of Human Rights the authority to review and investigate complaints in violation of the law and to take appropriate enforcement actions regarding such complaints. The law would not create a private cause of action for the victims of such discrimination, but would allow for civil penalties not exceeding $20,000 to be paid to the discrimination victims.
In 2011, New Jersey enacted a similar law (N.J.S.A. 34:8B-1) which prohibits employment advertisements that:
Legislation addressing discrimination against unemployed individuals has also been introduced in state legislatures in Illinois, Michigan, and New York, as well as in both the U.S. House and Senate.
Before the Unemployed Anti-Discrimination Act of 2012 can become law, the D.C. Council must consider the bill at a second reading and, if approved, will then send the bill to the Mayor for his consideration. Finally, approved bills must be sent to Congress for a 30 day review period, during which Congress may disapprove acts enacted by the D.C. Council.
The Employment Law Group® law firm has an extensive discrimination practice and has broad experience fighting for the rights of employees who have been victims of discrimination and harassment in the workplace.
[caption id="" align="alignright" width="300" caption="Image via Wikipedia"]
[/caption]Citing concerns for unemployed job seekers amid reports that many employers discriminate against the unemployed, combined with increased levels of unemployment in the District, D.C. Councilmembers Yvette Alexander and Kwame Brown introduced the Act on September 20, 2011.
The proposed law would prohibit employers from considering a job applicant’s status as unemployed in the hiring process. Specifically, the law would prohibit an employer or employment agency from:
- Failing or refusing to consider for employment or hire an individual because of the individual’s status as unemployed;
- Advertising a job opening in any medium that states that status as unemployed is a disqualifying factor or that an unemployed individual would not be considered;
- Interfering with, restraining, or denying an attempt to exercise rights provided for in the proposed legislation; or
- Discriminating against an individual who opposes, files charges related to, supports an inquiry into, or testifies in an inquiry into such discriminatory practices.
The pending legislation, however, does not forbid job advertisements from listing job qualifications such as current and valid occupational or professional licenses, permits, and other credentials if required to perform the advertised job.
Additionally, the law would not preclude employers or employment agencies from assessing the reasons underlying a job applicant’s status as unemployed in evaluating the applicant's “ability to perform a job or in otherwise making employment decisions about that individual.”
Furthermore, the proposed law would grant the D.C. Office of Human Rights the authority to review and investigate complaints in violation of the law and to take appropriate enforcement actions regarding such complaints. The law would not create a private cause of action for the victims of such discrimination, but would allow for civil penalties not exceeding $20,000 to be paid to the discrimination victims.
In 2011, New Jersey enacted a similar law (N.J.S.A. 34:8B-1) which prohibits employment advertisements that:
- List current employment as a required qualification for a position;
- State that unemployed candidates’ applications will not be considered; or
- State that only employed candidates will be considered.
Legislation addressing discrimination against unemployed individuals has also been introduced in state legislatures in Illinois, Michigan, and New York, as well as in both the U.S. House and Senate.
Before the Unemployed Anti-Discrimination Act of 2012 can become law, the D.C. Council must consider the bill at a second reading and, if approved, will then send the bill to the Mayor for his consideration. Finally, approved bills must be sent to Congress for a 30 day review period, during which Congress may disapprove acts enacted by the D.C. Council.
The Employment Law Group® law firm has an extensive discrimination practice and has broad experience fighting for the rights of employees who have been victims of discrimination and harassment in the workplace.
