New York City is the latest in a string of places proposing legislation to protect the unemployed from employment discrimination, during a time when many are still struggling to find work in a sluggish economy.
If enacted, the new law would prohibit employers from considering an applicant’s employment status when hiring for a new position. The New York City Council passed the bill on January 23rd, with a vote of 44 to 4. Mayor Bloomberg plans to veto the bill, however supporters currently report having the votes needed to override his veto.
New York isn’t the only place looking to protect workers who have struggled to find work. Similar unemployment discrimination laws have been passed in Washington D.C, New Jersey and Oregon, with more than a dozen other states considering following suit.
While many hope that this type of legislation will help victims of the economic downturn get back on their feet, it could create difficulties for employers hoping to get a better picture of an applicant’s qualifications. Employers subject to this new legislation may be hesitant to ask about gaps in employment and the skills employees may have gained or developed doing other things during their time away from work. Others worry that this will open the floodgates for disgruntled applicants to file suits regardless of the criteria used in hiring.
Similar legislation was proposed last year in Minnesota, S.F. No. 1919, but has not currently been enacted.
If you have questions about your rights while seeking employment, or your rights as an employer seeking a new employee, contact LeBlanc Law & Mediation at 612-819-9652 to schedule a free initial consultation with a Minneapolis employment lawyer.
