When we hear about companies that are practicing discrimination in hiring, the victims are often people who are stereotyped because of their religion, race, nationality, sexuality, age or gender. Another group, however, is reportedly facing widespread employment discrimination: the unemployed.

Recent research suggests that those who have been unemployed for an extended period of time are likely to be overlooked by potential employers. In one study performed at Northeastern University, 4,800 fake resumes were sent out in response to 600 job openings. The researcher found that employers tended to respond to resumes that listed no relevant experience rather than to applicants who had solid experience but had been out of work for at least six months.

Employers are reportedly stereotyping people who are out of work as having outdated skills, among other unfair generalizations.

Under Title VII of the Civil Rights Act, the unemployed are not a protected class so it is not illegal under federal law for employers to discriminate against applicants on the basis of their employment status. However, New Jersey actually banned discrimination against the jobless in 2011; only one company has faced penalties for practicing this type of discrimination since that law went into effect.

Dozens of other states are considering similar laws, and the Obama administration has proposed offering tax credits to companies that hire those who have been unemployed for extended periods of time.

Many lawmakers feel that it is important to combat this issue because more than 4.7 million people are currently dealing with extended unemployment. While employers argue that they have legitimate reasons for refusing to hire the jobless, making decisions based on stereotypes is not reasonable and often not legal. Those who have been discriminated against for this reason or anotherhere in New Jersey should know that the state has strong anti-discrimination laws and legal recourse may be possible.

Source: The Washington Post, “Companies won’t even look at resumes of the long-term unemployed,” Brad Plumer, April 15, 2013

• Our employment law firm in New Jersey helps victims of discrimination hold employers accountable. To learn more, please visit our Discrimination page.