Unemployed need not apply – now illegal in New Jersey

We all know that it is illegal to not hire someone based on gender, race or disabilities.  Now we can add “being unemployed” to the list, at least in New Jersey.

Yesterday, the NJ legislature passed a bill that prohibits companies from publishing a job post that states that the unemployed need not apply.

 

As an employment professional I have a lot of opinions on this topic and wanted to share them publicly on my blog in the hopes of sparking a discussion on this topic.

  • First off, how stupid are these companies?  To actually write that on a job post is pure stupidity and the recruiters or managers that approved it should be fired for poor judgement.
  • This law is laughable and in my opinion just a public relations stunt.  It is much easier to pass this law then it is to actually do something to fix the systemic problems of unemployment.  Now the companies in New Jersey will be mindful of this and refrain from mentioning this in their postings.  This does not mean that they will stop the practice of discriminating just because they are not publishing it.  The law says nothing about the actual practice of not hiring someone because they are unemployed.
  • As a recruiter who has worked on the ageny and corporate side for over 12 years I can tell you that I have hired more unemployed people over the last 2 years then the first 10 years of my career.  The reason is simple, the stimgma of being unemployed has actually decreased not increased as the media would lead you to believe.
  • I wonder how much money was spent to pass this law.  Surely the money could have been used for a variety of programs to better help those who are unemployed find jobs through training, interview coaching or resume writing services.

What are your thoughts?  Do you think this will spread to other states or perhaps become federal law?

5 Responses to “Unemployed need not apply – now illegal in New Jersey”

  1. Robin Vandenburg says:

    Being unemployed is now a full time job….so technically, those seeing work could put themselves as their last employer! How’s that for a spin? Seriously, the hiring practices in this country need to be seriously re-tooled. Many qualified and good candidates are being overlooked based on surface criteria. What happened to judging a book by the cover????

  2. dankeller says:

    Thanks for your comment Steve. I am not sure that I mentioned I was bothered by this. In fact, I agree with you, there are some talented folks who just happen to be unemployed right now. I know because I hire them all the time. :-)

  3. dankeller says:

    Barbara, It will be interesting to see if this law is challenged. Like you stated, being unemployed is not a protected class. I think this is just Gov. Christie just trying to grab some headline again.

  4. Will such a law stand? “Unemployed” is not a protected class. I also wondered about the judgment of the company that posted that – for a few reasons. As you mentioned, as the number of layoffs increases, more and more good workers are unemployed. I once worked for a company with a great PR machine that was hiring hand-over-fist the month they laid off one third of the company. All along the press was hyping this company as a great place to work, so they were getting talent.

  5. Steven Pellini says:

    Dan

    It may seem bothersome to you, the employed.

    But to those of us who are seeking that next opportunity, notices like that have the same impact that “Irish Need Not Apply” signs did during the 1850′s.

    They hurt.

    They slow down our success.

    And it’s bad for America (Let’s get some patriotism in here.)

    It’s not so much that it’s another prejudice employers can get away with: it’s probably more that it’s a tact dreamt up as a screening tool for lazy recruiters to apply to that growing stack of applications they receive so they may hopefully reduce their workload.

    You can add the word “overqualified” to that screening “tool kit” as well. These two tools can really keep a staffer’s workload down to a manageable level, no? Helps to keep that recruiting job a 40.00 hours a week position, Monday through Friday!

    How about keeping the playing field level for everyone: employed, unemployed, underemployed. Baby Boomer, Gen-X, Gen-Y, whatever group you belong to.

    Have a Nice Day.