Those who are unemployed for long periods of time in New Jersey are at an obvious disadvantage in the job market. Many employers discriminate against the unemployed, making it very difficult for the jobless to get back into the workforce. Last week, a New Jersey Senate committee advanced several pieces of legislation that could improve circumstances for the unemployed.

One of the bills approved by the New Jersey Senate Labor Committee would provide tax credits to businesses for hiring employees who have been out of work for at least 30 days. Another measure would require training programs run by the state to focus on the needs of the unemployed. A third bill would bar employers from basing any hiring decisions on the employment status of applicants.

Employers would retain the right to limit applicant pools to their own existing employees. They would also be able to inquire into an applicant’s job history to learn why the individual left a previous employer. If an employer based a hiring decision on an applicant’s lack of employment, the state could levy a $1,000 fine. Fines would increase substantially for second and later offenses.

The future of these measures is unclear. Last year, Gov. Chris Christie vetoed the tax credit bill.

Regardless of whether these bills pass into law, individuals who are refused employment due to their employment status should consider talking to an employment law attorney about their rights. Even though employment status is not a federally protected category — such as race, age or religion — it could amount to unlawful discrimination in some cases, depending upon the facts.  And employment law matters are always fact dependent.

Source: NJ.com, “Bills advance aimed at reducing NJ unemployment, increasing workers’ rights,” Matt Friedman, March 17, 2014