How is "Long- Term Unemployment"
If you have been unemployed for more than 6 months, you are considered
According to data collected via
a recent study completed by HuffPost, 40% of those that have become
unemployed since 2009 fit that criteria. They are often referred to as
"chronically unemployed," an even more painful moniker.
According to the study, the 40% figure equatres to "the highest rate of
long-term joblessness the country has seen since at least the 1940s, according
to the Labor Department. As of March, that's 4.6 million people."
What Are the Chances of Finding Work if You Are Chronically Unemployed?
The HuffPost study found that applicants with pertinent experience
that have been out of work for more than 6 months are less favored than a
recently employed applicant with little or no experience.
What is ILLEGAL Workplace Discrimination?
The definition of "discrimination" is "the act of making a
distinction." We discriminate everyday when selecting our outfits,
who we choose to engage with and what route we decide to take to and from work.
Prior to the enactment of the Civil Rights Act of 1964
("Title II"), the term "discrimination" was rarely used in
the context of employment. Since that time, the term has evolved into a
catch-phrase to characterize every workplace problem that is deemed incorrect
or unfair, i.e. "there must be a secret, nefarious reason that I am
disfavored at work having nothing to do with my personality or
Title VII, and other federal laws such as the Americans With Disabilities Act,
the Age Discrimination in Employment Act, etc., have
led to a clear definition of illegal workplace discrimination, to wit,
distinguishing between workers based upon their sex, race, age, national
origin, disability and/or religious beliefs, and making hiring and firing
decisions based thereon.
Why Discrimination Against Unemployed is NOT Illegal Discrimination
Discrimination against the unemployed may be rampant, but it is not illegal.
In fact, referring to this obviously distasteful hiring
practice as "discrimination" is misleading. Simply stated, and
like it or not, one's status as "chronically unemployed" is not
protected under federal discrimination laws, and therefore does not constitute
York City has passed a law that makes hiring choices based upon employment
status unlawful (I believe it becomes effective in June
2013); this is the only known state or municipal law of its kind.
In 2011, President
Obama implored Congress to create a similar ban. This request
fell on deaf ears. Consequently, choosing not to hire an applicant
on the grounds of his/her employment status is not illegal discrimination under
federal law, nor is it unlawful anywhere with the exception of New
Read more articles
about employment law issues at Philadelphia Area Employment Lawyer, a blog
by John A. Gallagher.
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