The unemployed — a protected category coming to a jurisdiction near you
By Philip Wang
It is now illegal in New York City for employers to discriminate against job applicants based on their employment status. This June 2013 amendment to New York City’s Human Rights Law (NYCHRL) — a law already relished by plaintiffs’ attorneys for its extraordinarily broad definition of discrimination — defines ‘unemployment’ as ‘not having a job, being available for work and seeking employment’.
This is the first law defining unemployment status as a protected class along with the more familiar litany of protected classes: age, race, creed, colour, national origin, gender, disability, marital status, partnership status, sexual orientation and alienage/citizenship status. It is definitely not the last. There are more than two dozen pending proposals for amendments to federal, state and local laws in order to ban discrimination against the unemployed.
Other jurisdictions have joined this seismic shift but along more narrow lines. For example, the states of New Jersey and Oregon as well as the City of Chicago have banned job advertisements stating that the unemployed need not apply. And the District of Columbia has made it unlawful for all employers and employment agencies in the district to consider the unemployed status of an applicant in employment and hiring decisions; that law also bars employers and employment agencies from indicating in an advertisement for a job vacancy that unemployed individuals are disqualified for the position…
If you are registered and logged in to the site, click on the link below to read the DLA Piper briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The Australian Taxation Office released a draft ruling on the Goods and Services Tax treatment of bitcoin transactions on 20 August 2014.
DLA Piper’s ‘Life sciences: patent extension strategies and antitrust global update’ video covers global antitrust and competition issues including product hopping and reverse payment patents.
Analysis from The Lawyer
Cross-border work and political tensions are dominating this year’s entries for Finance Team of the Year at The Lawyer Awards.
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work