Discrimination Against Unemployed Outlawed in Proposed Law

By Thomas McKinney

President Obama has proposed the American Jobs Act in an effort to create jobs for America’s 14 million unemployed citizens.  The Act prohibits employers from discriminating against job applicants based on their “status as unemployed.”  But the Act would still allow employers to consider the underlying reasons for someone’s unemployment (poor performance or insubordination, for example).  If the Act becomes law, it would merely prevent employers from refusing to hire someone solely because he or she is unemployed.  As a result, unemployment would become a protected characteristic.

September 23, 2011 – Paul Castronovo – Castronovo & McKinney, LLC

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.