Unemployed Job Seekers Discouraged from Applying for Jobs

Legal experts say that the practice probably does not violate discrimination laws because unemployment is not a protected status, like age or race.

Posted by Joe Gerard in Article on July 29th, 2011
One of the topics I have come across in a number of human resources blog posts and news articles this week is that many companies are only hiring candidates who are already employed over those without a job. A BNET article by Alain Sherter explores some of the findings from a recent report from the National Employment Law Project. Sherter writes:

In a recent sampling of online job ads that ran on CareerBuilder.com, Craigslist.com, Indeed.com and Monster.com, the non-profit advocacy group found more than 150 listings that excluded job-hunters based on their employment status. Most of the ads required that applicants for the positions already have work. The hiring companies, roughly half of which were staffing firms, included big, small and midsize businesses, and the jobs being filled included both blue- and white-collar positions at all levels. In other words, virtually anyone can fall into the trap.

Isn’t this an example of a discriminatory hiring practice? You would think so, but Sherter references an article in the New York Times that says:

Legal experts say that the practice probably does not violate discrimination laws because unemployment is not a protected status, like age or race.

 


Joe Gerard
Joe Gerard

CEO, i-Sight

Spend my days showing off the i-Sight investigative case management software and finding ways to help clients improve their investigations. Usually working with corporate security, HR & employee relations, compliance and legal teams.

Visit Website

Want to conduct better investigations?

Sign up for i-Sight’s newsletter and get new articles, templates, CE eligible webinars and more delivered to your inbox every week.