Obama Legislation Bans Hiring on Status or History of Unemployment

Democrats in the House and Senate have introduced the The Fair Employment Opportunity Act of 2011 prohibiting “discrimination in employment on the basis of an individual’s status or history of unemployment.” H.R. 2501 and S. 1471 are working their way through committee. Congressman Hank Johnson (afraid the island of Guam might tip over with higher population – remember that?) was the first to introduce the Fair Employment Opportunity Act of of 2011, under H.R. 1113.  While I haven’t done a word-by-word comparison of the three bills, they appear to be the same. The Act allows lawsuits in Federal or State courts, with costs paid by the defendant. It appears that the Secretary of Labor can get into the action and there could be some receipts going to the U.S. Treasury as “miscellaneous receipts.” Perhaps there are expectations of class actions suits? See Obama’s announcement in the video below.

(3) SUMS RECOVERED- Any sums recovered by the Secretary pursuant to paragraph (2)(A) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each affected individual. Any such sums recovered pursuant to paragraph (2)(A) that are not paid to an affected individual because of inability to do so within a period of 3 years and any sums recovered pursuant to paragraph (2)(B) shall be deposited into the Treasury of the United States as miscellaneous receipts.

No Republicans are shown as co-sponsors. The State of New Jersey has passed their own legislation prohibiting employment discrimination against the unemployed. That is where these prohibitions should be put in place, if at all – at the state level, not the national level. The last line in the graphic above will be illegal if the Federal legislation becomes law.

The credit for the graphic above goes to Career CoPilot who has some thoughts on the New Jersey law. He says the stigma of being unemployed has actually decreased with so many unemployed, but the media hypes discrimination.


Obama Announces Legislation to Ban Employment Discrimination Due to History of Unemployment (video)

Linked by The Lonely Conservative who says all this will do is discourage hiring.

Posted by Maggie @ MaggiesNotebook

  • If the word “fair” is ever used in legislation, you can rest assured that it is the LAST thing it would honor.

  • This is exactly what the economy does not need at this time. I just linked you. Thanks for the info.

  • Pingback: Obama and the Dems Want to Ban Employers from Using Employment Status in Hiring Decisions | The Lonely Conservative()

  • It’s obvious the Obamanation detests right to work laws but perhaps they should review something called the employment at will doctrine. While they are at it they might consider the fact one becomes an employee for obvious reasons. But to be employed one must accept the idea of doing the employer’s bidding within guidelines of law and ethics. If one is of the opinion that an employer owes them something (in other words they feel entitled) let them try to start their own business and then talk so smart.

    If you have a history of unemployement or even hard to explain gaps in employment it is not outrageous for an employer to consider you something of a risk. With all the unemployed seeking work it is not surprising employers have a vast pool to choose from and if you don’t measure up you don’t get hired.

    This is one more situation in current American politics where some are comfortable supporting the notion that potential employees have no responsibility to prove their worth to a prospective employer. That is not to say that some employers do not engage in selective hiring practices in opposition to existing law but it would be fair to estimate those instances are the exception and not the rule.

    And I make these statements as a former employee of certain employers who by anyone’s standards would qualify as lawbreakers. The thing is that sort of experience should suggest to any applicant they must present an honest and reasonable resume’ to a prospective employer and understand the complexities of earning a living as the tool of someone else.

    Pardon the platitudes or hyperbole as the maze that is the employment search or maintenance presents challenges that are anything but practical.