NYS Senator Andrea Stewart-Cousins Legislation to Prohibit Discrimination Against Unemployed

Senator Andrea Stewart-Cousins (35th District- D/WF/I) announced at a press conference in her district office, the introduction of Senate bill 5316. The bill would make the unemployed a "protected class" in New York and make it illegal for employers to deny out-of-work applicants an interview or position solely because they are jobless. It would also prohibit employers from posting job advertisements that discourage the unemployed from applying to vacant positions.

The bill is co-sponsored in the Assembly by Assemblyman Keith Wright.

Joining Senator Stewart-Cousins at the press conference were several unemployed Westchester residents who said they had all experienced discrimination in some form because they are unemployed. Senator Stewart-Cousins says their experiences are representative of an increasingly common hiring practice throughout New York and the nation.

"It is fundamentally unfair for employers to refuse to hire, or even accept applications from individuals who are out of work. With the unemployment rate in the State still at staggeringly high levels, this prevents people who have lost their jobs through no fault of their own from getting back on their feet. It is discriminatory, it is wrong and it must not continue," said Senator Stewart-Cousins.

"This legislation levels the playing field in the job market and makes sure that those who have been hit hardest by the recession are not at a disadvantage in the hiring process," she continued.


On display at the press conference were several job advertisements by New York employers that expressly stated that applicants would only be considered if they were employed. In one case, a Craigslist ad for a building superintendent position in the Bronx stated "You MUST currently be employed as a Superintendent- This is a REQUIREMENT." Senator Stewart-Cousins' legislation would make these discriminatory job ads illegal in New York, similar to a law signed by the Governor of New Jersey in April.

"We have an obligation as legislators, to do what's right and make sure that the unemployed have a fighting chance at being a part of this economic recovery," the Senator added.

A recent study by SUNY Stonybrook Professor Todd Pittinsky and UCLA M.B.A. students Geoffrey C. Ho, Margaret Shih and Daniel Walters also shows that discrimination against the unemployed is a significant issue. The study found that unemployed job applicants are less likely to receive interviews than employed applicants with the same qualifications.

"Our research suggests that the unemployed may have very legitimate concerns about bias against them," said SUNY Stonybrook Professor Todd Pittinsky in a statement. "Perhaps most surprising was that these more negative evaluations occurred even when we clarified for research participants that while the worker was unemployed, it was for no cause of his or her own doing."

The issue has also received nationwide attention. News reports by national sources such as CNN, ABC News and HuffingtonPost have pointed to the growing trend of unemployment discrimination in the job market around the country.

Category:

News & Politics

Tags:

• New York
• Westchester
• economy
• unemployment
• discrimination
• job market
• workforce
• jobs
• Andrea Stewart Cousins
• New York State Senate
• legislation
• government

[aus012]

This is a very stupid law. It will encourage any unemployed person who was not hired for a particular job to take that employer to court. Not wishing to be exposed to frivolous law suits or be told that they have to hire someone who is potentially less qualified than other applicants, employers might choose to not hire people at all. Another example of over reaching government regulation stifling business. Sounds like a payoff to the Trial Lawyer Unions.. The only winners will be the lawyers..