
(UnemployedWorkers.org)
Originally posted at In These Times
How do you get a job without experience? How do you get experience without a job? And so it goes for millions of people trapped in a dismal cycle of joblessness.
On Wednesday, New York City took a step to help unemployed workers out of that spiral. The City Council approved a groundbreaking measure to bar employers from using unemployment status as a deciding factor in reviewing job applicants. It would also outlaw job advertisements that make explicit reference to employment status itself as job criteria. By updating the city’s anti-discrimination policies, the legislation would enable individuals to file complaints or sue if they are “available for work, and seeking work” and have been unfairly denied consideration simply because they’re out of work.
The bill, passed by a 44-to-4 margin, is just a modest action against the crisis of chronic unemployment. But it draws a line against a relatively invisible form of discrimination fueled by the Great Recession. According to the latest employment statistics, the number of those who have been unemployed for 27 weeks or more has remained stubbornly high, constituting about 39 percent of the unemployed. In New York City, where unemployment is particularly severe, an analysis by the think tank Fiscal Policy Institute found that in 2012, about half of unemployed residents spent more than six months seeking work. The average duration of unemployment in 2012 topped 40 weeks in New York City. Women, blacks, and workers in older age brackets have been especially hard hit.
The legislation follows a 2011 report by the National Employment Law Project (NELP) that called hiring discrimination against the unemployed a “perverse catch-22.” According to NELP’s survey of ads on major job listing sites like Monster.com, many employers openly practice this form of discrimination:
NELP’s snapshot of jobs postings identified more than 150 ads that included exclusions based on current employment status, including 125 ads that identified specific companies by name. The overwhelming majority of the offending ads required that applicants “must be currently employed.”
CareerBuilder.com and Indeed.com accounted for more than 75 percent of the exclusionary ads NELP identified. Staffing firms were prominently represented among those companies identified with the practice of excluding unemployed job seekers, accounting for about half of all the postings.
A nondescript phrase like “must be currently employed” may suggest a seemingly rational desire to screen out applicants with large, dubious gaps in “work experience” on their resume. But this masks more insidious biases. While people of color, women, and people with disabilities—categories that generally overlap with systemic employment barriers—are often protected under existing state and federal civil rights protections, discrimination against unemployed people is a less obvious way of unfairly denying applicants a fair chance.
The prejudice against of jobless workers is psychologically complex and sometimes subconscious. NELP explains that in some cases, the bias could be just one arbitrary method of narrowing an applicant pool. But some employers may actually “presume that workers who are currently employed are more likely to be good performers and have a stronger work ethic than those who are unemployed.” The flipside of this presumption, of course, is that if others haven’t hired you yet, you’re “damaged goods.” Ironically, such herd mentality might hurt workplaces seeking the most talented applicants because it instantly rules out potentially qualified people just because others have. In many cases, that rejection is simply the byproduct of an economy that has indiscriminately excluded struggling workers from an ever-shrinking supply of decent jobs.
Culturally ingrained impressions are difficult to change, but a legal prohibition can at least force biased employers to think twice before tossing a jobless job-seeker’s resume. NELP advocate Mitchell Hirsch tells Working In These Times via email that the legislation will both encourage employers to do the right thing and punish those who don’t with possible civil penalties. Ideally, he says, the measure would compel “employers, human resource personnel, recruiters and staffing firms to evaluate their internal practices and change those behaviors that cause unemployed job-seekers to be arbitrarily excluded from consideration for jobs, regardless of their experience and qualifications.” One forward-looking mechanism in the legislation to ensure compliance is an employer education campaign mandated under the city’s Human Rights Commission.
The New York City law follows a similar initiative in Washington, D.C. Oregon and New Jersey have also enacted bans on job advertisements that preempt unemployed applicants. NELP has also advocated for federal legislation (which ultimately stalled) barring prejudicial use of employment status in hiring and recruiting.
Though Mayor Michael Bloomberg opposes the New York City legislation as an invitation for frivolous lawsuits and complaints, NELP points out in a fact sheet that the anti-discrimination ban would be fairly limited, applying to situations of explicit bias (like a policy stated in a job listing). Moreover, unemployment must be the decisive criterion for rejection, so an employer could still rule out an applicant whose period of unemployment had a direct bearing on the skills or abilities required for the job.
New York lawmakers haven’t often been kind to the working poor lately. Budget pressures have imposed devastating cuts on vital social services. A bill to grant New York City workers mandatory paid sick leave has been stalled by business-friendly Council Speaker Christine Quinn despite nationwide support from women’s rights and labor groups.
But with political momentum and common sense militating in favor of fair treatment for casualties of the recession, the ban on discrimination against the jobless has gained the support of a veto-proof council majority. On WNYC Radio, Quinn defended the measure as a reasonable protection for people seeking an honest job: “All that happens is that good, qualified people, who happen to be unfortunately be unemployed, have the right to apply for a job and get it.”
Now, who could say no to that?



10 Comments

That’s a great move but how do you enforce it? It’s been illegal to discriminate about age for a long time but it’s widely known that middle aged job seekers have a much harder time finding work.
Ive expierenced this myself being long time unemployed/under employed… The catch they use is that I dont have any “current” references. But as the above poster said this is really not enforceable and they can just put you in the no pile and youll get no explanation as to why.
The larger is issue is something that has been going on before the current financial crisis. Ist just made it more evident. Human Resource people are just gettin more and more — trying to think of something that isnt nasty — lets just say petty and useless.
Another issue is that say you had to take some job to eat. You then have to justify to the wanks why you are a checker at Walmart
My personal experience has been that if I deal with people I would actually be working for/with I am always a finalist. If I have to deal with some Human Resource dept then its just a black hole.
If America isnt competing in the world I would blame HR and their mediocre-ing of America.
I just honestly cant stand HR.
I am very fortunate to have a great job, but just recently I applied for a different jobs for various reasons.
I was pretty gob-smacked that the “head hunter” firm that the organization hired to do their PR pretty much went on a fishing expedition to figure out how OOOOOOOLD I am. Asked a bunch of both inappropriate & some frankly illegal questions – one being if I’d ever been fired from a job! I haven’t, thankfully, but seriously?? Amazing.
I don’t expect to get an interview for this position, even though I am probably going to be one of the more qualified people to apply for it.
Lucky for me, it doesn’t matter. But I see very clearly what’s going on.
One is caught between a rock & a hard place as well. Had I protested to this HR idiot, my resume would most def been thrown in the circular file, and I seriously doubt that they she would’ve given my justified complaints the time of day.
Agism?? Alive and well.
This person also picked apart my resume – not about WHAT I had done in my current and past jobs, not about what my skills & competancies are. NO, it was all about intricate questions about WHAT, exactly, I had “done” in between jobs, why I left Job A, blah blah blah. I had a 3 month gap between 2 jobs, and this person just about went NUTS over it… and I could tell she thought I was “hiding” something.
What an idiot. But that was my experience just this past Thursday.
I have a TON of sympathy for anyone applying for jobs these days. If you can get past jerkwads like that: good luck.
Book Salon up with Donald Tomaskovic-Devey’s Documenting Desegregation: Racial and Gender Segregation in Private-Sector Employment Since the Civil Rights Act hosted by June Carbone
No, it’s eyewash, as Margaret indicates.
We have do-nothing dumbos in Washington.
What happened to Robert Reich’s apprenticeship program, a policy that works so well in Germany among other countries?
CSMonitor, July 27, 1993
And it needn’t be confined to youngsters in school.
PS: Reich also promoted job outsourcing to other countries, so there you go. We see which policy predominated.
If your jobless today in America your treated like a Leper in the 19th century. I’m surprised joblessness hasn’t been made a crime and the prisons aren’t filled with these people already. It’s especially ugly for anyone jobless over 50. America is a mean spirited country these days, run by a bunch of sociopaths and for real criminals.
I am reluctant to say so but the MMT people push what they call a job guarantee offered by the feds. It would be min wage with health insurance but anyone who wanted one could get one. It at least provides a port in a storm. I like the idea but some don’t.
yeah, there is an inherant problem with people in the HR industry IMO as you illustrated.
Like you said you must account for every waking moment of your life – like I had an 8 month gap at one point. The answer. I EARNED my unemployment benefits and I intended to collect them! I was a bit bitter and not having to wake up and commute and deal with other peoples bullshit was a welcome change. i took a vacation!
And like you said, Ive had my resume ripped apart. Not for anything really related to anything people who I would be working for actually care about. I have a hotmail account I have had since 1993 that I use for anything not personal. Its professional sounding. [myname]@. I was told I had to get a new email because hotmail made me seem to old. I was told to remove my college graduation date – too old. Then in skills they wanted me to play up stuff that was simply BS. Like Excel. Never mind i was managing million dollar accounts, they wanted it VERY clear i could enter info in spreadsheet.
I too have been asked many inappropriate questions and made to feel bad. “If you arent working how are you eating?” Like do they really want me to say I eat beans and rice once a day or sometimes just skip a day?
The HR people are one of the reasons I became discourged and just stopped looking
Next month will be four years without a job. I am way over 50. The last job interview for an urban garden position that I was asked to apply to i was asked if I could use a computer to research plant problems. Yes, I can use the Google, my blog, Twitter, Facebook and type. Yes, I can multi task. No, I don’t want to work for you with this level of disrespect. I just keep volunteering at the local farm, starting Medicare next month and having my fixed income reduced by $200 a month thanks to Medicare. And I still have to pay 50% of my med bills. We have the best system in the world, don’t we?
I volunteered at a rehab hospital for 6 months and toward the end of that time, my supervisor encouraged me to apply for three different on-call positions. She asked me a few times if HR had gotten in touch with me and eventually told me that HR told her that I had not applied. As I had given HER my filled in application, and SHE had turned it in, we knew that wasn’t true. She then sort of blew me off a couple weeks after I filled in the second application she encouraged me to fill in. I am no longer volunteering there.