President Obama introduced the American Jobs Act (AJA) this past September. The Act includes the Fair Employment Opportunity Act of 2011, which prohibits discrimination against the unemployed. Here is what you need to know if the Act is passed.
What employers cannot do:
1) State in a job advertisement that candidates are disqualified or will not be considered based on their status as unemployed. “Status as unemployed” is defined as someone who, at the time of making a job application, is unemployed, is available for work and is searching for work
2) Fail or refuse to consider for employment or fail or refuse to hire a person because of their status as unemployed.
3) Ask employment agencies to take into consideration a person’s status as unemployed in order to disqualify them or remove them from consideration.
4) Interfere with the exercise of rights under the Act or retaliate based on a person exercising those rights.
5) Employment agencies are subject to the same rules. In addition, agencies cannot limit a person’s access to information about jobs based on his or her status as unemployed.
What employers can do:
Consider a person’s job history and the underlying reason for their unemployment. Just don’t fail to hire a person SOLEY because they are unemployed!
What employers risk by violating the Act:
1) Being enjoined from further infractions.
2) Reimbursement of costs expended as a result of infractions.
3) Liquidated damages of up to $1,000 a day for each day of the infraction.
4) Reasonable attorney fees.
5) Remedies available under Title VII of the Civil Rights Act and other Acts.
To read the entire AJA, visit: www.whitehouse.gov.
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