The recession of four years ago hit many people hard. The state of the economy and its potential recovery is a never ending discussion in newspapers and on television shows. The economy is also a ubiquitous concern for the millions the recession left unemployed, a number of whom still encounter difficulty in finding permanent work. According to recent data, 5.4 million people across the country have been unemployed for at least half a year.

Many job applicants, however, report being the victim of employment discrimination because they have been out of work for so long. In some job postings companies state that applicants must not be unemployed. This can place unemployed persons in a potentially repetitious cycle. If a person needs a job to be considered for employment, those without jobs will never be hired because they, by definition, are not working.

The law protects certain classes, such as race and gender, from workplace discrimination. Unemployed persons are not protected as a class, however. Nevertheless, a number of states, including New Jersey, have addressed the plight of jobless persons through anti-discrimination legislation. Our state passed a law last year that proscribed discriminating against unemployed persons in job postings. Other states are currently passing and debating similar laws.

Proponents of the legislation say that too many employers disregard an unemployed applicant’s resume, especially if the gap of unemployment is long, because prolonged unemployment may indicate that something is amiss with the applicant. But proponents deny that assertion, arguing that many long-term unemployed persons were fine and capable workers who were staggered by a rapid economic downturn and a tepid recovery.

Unemployment status is just one reason why an employer might unfairly discriminate against a job applicant. Federal and state laws can protect the rights of those who believe they have been the victim of discrimination in the hiring process.

Source: The Baltimore Sun, “Md. legislation targets employer bias against unemployed,” Eileen Ambrose, Mar. 18, 2012.