Unemployment Discrimination – Trends

February 13th, 2011 | By Jules Halpern Associates | Discrimination, Employment Trends, Hiring, Unemployment

On February 16, 2011, the Equal Employment Opportunity Commission held a public hearing to examine what many consider to be a growing trend of discrimination against unemployed job seekers. [The meeting transcript and additional information can be found on the EEOC’s website.] A recent article in The New York Times by Catherine Rampell entitled The Help-Wanted Sign Comes With a Frustrating Asterisk similarly highlights the growing number of employers who deny unemployed workers equal consideration for jobs because of their unemployment status.

While employers have always considered past employment history in making hiring decisions, some employers have begun explicitly excluding the unemployed from consideration in job advertisements (e.g., “only currently employed candidates will be considered,” “no unemployed candidates will be considered,” “no candidate unemployed for more than X months will be considered”).

So why have employers begun recruiting in this fashion?  Many employers assume the best candidates are likely those currently working.  Screening out the unemployed is also an easy way to sift through the unmanageable number of applicants who apply for each job opening. Employers that have such a practice or are considering implementing such a practice, however, should consider two issues: whether this practice is legal; and, assuming it is legal, whether this practice is good business.

Jules Halpern Associates LLC

Workplace and Education Law Advisors

Jules Halpern Associates LLC
JULES HALPERN ASSOCIATES LLC is a boutique law firm committed to serving our clients in all facets of their workplace issues. We provide personalized, practical advice that resonates with our clients’ business objectives.
1225 Franklin Ave, Suite 200 Garden City NY 11530 516-466-3200 https://plus.google.com/u/0/104226190479443206790/posts
45 Rockefeller Plaza, Suite 2000 New York NY 10111 212-786-7380 https://plus.google.com/u/0/114488933127716576681/posts
Jules Z. Halpern


Long Island Office
1225 Franklin Ave | Suite 200
Garden City, New York 11530
tel: 516.466.3200 | fax: 212.658.9313

New York City Office
45 Rockefeller Plaza | Suite 2000
New York, New York 10111
tel: 212.786.7380 | fax: 212.658.9313

Real Workplace Issues Newsletter

Please enter your e-mail address below to sign up for our topical e-newsletter, Real Workplace Issues.

Follow Us

  • linkedin
  • Facebook
  • Halpern Associates on Twitter

Copyright © 2019 All rights reserved Jules Halpern Associates LLC | Attorney Advertising