For employers, it is crucial 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 lawyer 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 employment 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 employment history. Claimants can also hire an unemployment lawyer to help them, which can be detrimental to a business owner or employer.
A disparate impact charge is when the employer uses lack of employment for a period of time as the only reason for not giving the applicant a fair shot at a position. This can be seen as a general policy used to screen out applicants who are not currently working. If the unemployment attorney can prove that a company is using a disparate impact charge, this may be grounds for legal action.
States that prohibit unemployment discrimination
There are only two states that currently ban this practice: Oregon and New Jersey. These states have passed laws that make it illegal not to hire 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 someone from being hired 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 business if a complaint is filed.
As an employer, it is imperative to have a good understanding of the laws and rights of federal employees. Without this, the company may run the risk of facing legal problems. While some people unsuccessfully make unemployment discrimination claims, a good unemployment lawyer can often be successful in winning a case for his client. Knowing the laws of the state where business is conducted can prevent future lawsuits for the employer. A good selection practice to consider is not to use employment history as the only reason for selecting candidates. Be sure to also consider other parts of the application, such as educational history or special abilities.