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Poor economy, new legal peril: Refusing to hire the unemployed

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in Discrimination and Harassment,Employment Law,Hiring,Human Resources

THE LAW: No federal law says it’s discriminatory to refuse to hire unemployed people. However, legislatures in several states are considering bills that would make it illegal to discriminate on the basis of current employment status.

Moreover, many who are jobless fall into protected classes—including women, minorities, people with disabilities and those over age 40.

Title VII of the Civil Rights Act prohibits discrimination based on race, color, creed, religion, sex and national origin. The ADA bars employers from discriminating against disabled employees who can perform a job’s essential functions with or without accommodation. The Age Discrimination in Employment Act protects workers age 40 and older. The Uniformed Services Employment and Reemployment Rights Act protects members of the military, National Guard and Reserve from discrimination based on their military service status.

Note: Employment laws grant employers a h...(register to read more)

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