If you a New Yorker who isn’t working, are available to work, and looking for a job, employers will be prohibited from discriminating against you due to your unemployed status. The new law applies to employers with four or more employees and was passed by the New York City Council on March 13, 2013. It is set to go into effect June 11 of this year.
When you apply for a job, the potential employer may not base hiring, conditions of employment, or terms of compensation on your unemployed status. They may not advertise job openings indicating that applicants must be currently employed or that that they won’t consider unemployed job seekers. However, there are exceptions for job-related qualifications. For example, if the position requires a current occupational or professional license or other specific registrations and credentials, the employer may inquire about your current standing. Some jobs also have requirements for a minimum level of training or education, or a minimum level of field experience in certain occupational and professional fields. Employers may also still ask about the circumstances regarding why you left your former job.
Another major impact of this pending law is the possibility for class actions. Employers may be penalized if it is demonstrated that their hiring practices impact unemployed individuals in a disparate fashion. And, you won’t need to specifically identify the offending practices or policies. Additionally, if you, or others in your class, can demonstrate that there is a better hiring policy available that has less of an unfair impact on the unemployed, you may force this alternate practice on the employer.
As a job seeker who believes you are being discriminated against, you may file an administrative discrimination complaint under the New York City Human Rights Law with the New York City Commission on Human Rights (CCHR). CCHR can enforce the new law, requiring the employer to hire you and award compensatory pay. Civil penalties related to the New York City Human Rights Law may cost between $125,000 and $250,000 for each violation.
Contact our talented team of New York Discrimination Lawyers to learn more and schedule a free consultation regarding a possible claim.