AMERICAN JOBS ACT: LEGISLATION UPDATE
by Heather Roiger
Recently, President Obama presented the American Jobs Act, which includes the Fair Employment Opportunity Act of 2011. Based on this proposal, the Act will prohibit employers and employment agencies from discriminating against unemployed job-seekers. Essentially, if passed, it would create a new protected class under Title VII – the unemployed.
An unemployed individual is defined as one who does not have a job but who is available and searching for work. The regulations of this act would make it unlawful for employers with 15 or more employees to publish job advertisements or announcements where provisions are given indicating that anyone who is unemployed will be disqualified from an employment opportunity or that they will not be considered or hired for a position based on his or her status as unemployed. Moreover, employers would be prohibited from failing to consider or refusing candidates because they were unemployed. The Act further prohibits an employer to request that an employment agency take an individual’s status as unemployed into account to disqualify him or her from consideration, screening, or referral for employment. This Act also extends to protect the unemployed individual from retaliation.
An employment agency under the Act would also be subject to this regulation by not limiting, segregating, or classifying any individual in any manner that would limit a candidate’s access to information about jobs. Moreover, an employment agency must also not limit an unemployed individual’s access for job consideration, screening or referral based on his or her unemployment status.
However, under this Act an employer or employment agency are still able to consider an individual’s employment history and examine the reasons underlying an individual’s status as unemployed when assessing his or her ability to carry out the job functions. The Act specifically states that an employer may continue to evaluate whether a candidate’s recent employment in a similar position is job-related.
Employers should continue to monitor the progress of this Act and begin to review their hiring practices and criteria – especially how they view resume gaps.
FOR MORE INFORMATION:
- www.whitehouse.gov/the-press-office/2011/09/12/presidential-memorandum-american-jobs-act-2011
- www.esrcheck.com/wordpress/2011/08/03/fair-employment-opportunity-act-bill-in-senate-would-prohibit-discrimination-against-unemployed-jobseekers
CREDIT: Deveta, P. & Kircher, A. “Congress Considers Legislation That Would Create a New Protected Class Under Titile VII.” September 16, 2011.





