Spotlight for Recruiting ProfessionalsApril 3, 2013
The New York City Council recently voted to override a mayoral veto of legislation amending the city’s administrative code to prohibit employers from making employment decisions based on a job applicant’s unemployment status.
The new legislation—which is similar to that in New Jersey, Oregon, and the District of Columbia—applies to New York City employers with at least four employees and protects the unemployed, which is defined as individuals “not having a job, being available for work, and seeking employment,” Jackson Lewis LLC reports.
The law—which is set to take effect on June 11, 2013—bars employers from basing employment decisions related to “hiring, compensation or terms, conditions or privileges of employment of an applicant’s unemployment.”
All employers are prohibited from publishing in any medium job ads that suggest that being currently employed is a qualification or that the employer will not consider unemployed individuals, according to Jackson Lewis.
Employers may, however, ask about the circumstances of an applicant’s departure from prior employment or consider an applicant’s unemployed status when there is a “substantially job-related reason for doing so.”
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