Unemployment Discrimination Essay Example for Free

Unemployment Discrimination EssayThe downturn in the economy has resulted in a high percentage of long-term unemployed heap. To combat the upshot, legislatures ar attempting to make for it illegal nationwide for employers to post job openings that bar unemployed applicants, and by making unemployment a protected classification. As these proposed laws impart impact businesses and how they operate, it is crucial for businesses, human resource professionals, and labor and employment centering to understand the changing laws and the implications on employers with operations in each affected fix. Once a get out understanding of the anti-unemployment secernment issue is gained, employers will be better prep bed to comply with the existing and authorisation laws so as to avoid penalties. Findings will show that there are better ways to aim with the issue as opposed to making unemployed discrimination a protected classification. Research into the issue was derived from the Na tional Conference of State Legislatures, law journals, legal updates, news articles, and statutes.By using these resources, it was discovered that proposed anti-unemployment discrimination laws are failing, that unemployment becomes an issue during times of economic crisis, and that existing federal and state laws already protect people from discrimination with respect to employment-related decisions. Findings from research indicate that there is no one method that can benefactor improve the unemployment rate.Instead of making it illegal for employers to make hiring decisions while considering a persons unemployment status, the political relation should work in conjunction with employers by offering incentives and training programs to help reduce the unemployment figures. Shouldnt employers be able to consider an applicants unemployment status without being fearful of accusations of unemployment discrimination?Unfortunately, employers in certain(p) states today can be penalized fo r refusing to hire job applicants if the hiring decision is based on an applicants unemployment status or if a job vacancy advertisement includes language that bars unemployed persons from applying. indoors the past two years, New Jersey, Oregon, and Washington, D. C. have enacted legislation that makes it illegal for employers to discriminate against job applicants based upon their unemployment status. nigh recently, the State of New York has made unemployment status a protected quality. New Yorks law will come into effect on June 11, 2013 (Morea, 2013). The economy and difficulty obtaining gainful employment can be thwart for a lot of people today, but despite the issue, employers should always be able to select the strongest prospect for a job opening without having to fear allegations of unemployment discrimination.In essence, an employer should be afforded the right to select a prognosis with relevant, recent employment history over a panorama that has been out of the wor kplace for a spacious amount of time, especially where an applicant has an inadequate explanation for gaps in employment. Despite New Yorks stringent, unfinished statute that will authorize an individual to bring a private action for occurrences of joblessness discrimination, similar proposed laws are failing federally and state-wide (NCLS 2013). The failed legislative bills, along with the new anti-unemployment discrimination laws, are discussed at length below.The have reason behind the failure of proposed anti-unemployment discrimination laws is that there is strong sentiment that such laws, if passed, may discern companies to lawsuits, which in turn will likely cause employers to become even more selective in inviting candidates for interviews so as to avoid unemployment discrimination suits (Pear, 2011). An employer should always be able to consider a candidates length of unemployment as part of its big picture hiring strategy. It just makes business sense.For example, say that alliance 2Y, LLP has a job opening in a demographic area where the unemployment figures are staggering. In rejoinder to its job posting, thousands of applications are received however, only one candidate is needed to fill the position. In differentiate to streamline the hiring process, Comp both 2Y, LLP is going to weed out any applications or resumes where an applicant does not take recent, relevant experience. In this manner, Company 2Y, LLP is able to cull the staggering numbers of resumes down to those resumes of candidates that are soon employed in the same line of work.By doing this, Company 2Y, LLP will be able to edge the amount of people it invites for an interview, and will be assured it is getting a top-notch employee that is up to par with the in vogue(p) technological advances and business practices in the given field. In all states aside from Oregon, New Jersey, New York and Washington, D. C. , this hiring scenario would be a legitimate practice so long as the company does not have any protocols in place that set out to disqualify applicants based on a protected property such as race, disability or those candidates that are over age 40.As it stands, people already have laws protecting them from discriminatory practices with respect to employment, so why is there a need to make unemployment a protected characteristic, especially considering that it is a state of being and not a permanent trait such as ones color, gender, race, national origin, age, or disability. As stated, there are already sufficient laws and administrative agencies such as the Equal Employment Opportunity Commission and local state agencies such as the Department of Fair Employment and Housing and the Department of Labor that are aerated with combatting discriminatory animus in employment.