On February 16, 2011, the EEOC held a public hearing to examine discrimination against
the unemployed. According to the EEOC, the practice of
considering only those currently employed for job vacancies, which
many employers use as an indicator of good performance, may have a
disparate impact against older women, people of color, and
individuals with disabilities.
Following up on the EEOC's initiative, on July 12, 2011, two
democratic representatives introduced legislation that would block
employers from discriminating against out-of-work applicants.
The Fair Employment Opportunity Act of 2011, H.R. 2501, would keep employers and recruiters
from refusing to consider unemployed workers for available
positions, would prevent them from including language in job
postings indicating that the unemployed should not apply, and would
prohibit retaliation against any individual for engaging in
activity protected under the Act.
