NJ Governor Chris Christie recently signed legislation making it illegal for hiring companies in NJ to discriminate against the unemployed. Basically, the law makes it illegal for an employer to state — in print or online — that out of work candidates would not be considered for an open position. Employers who violate the law will be fined up to $1,000; subsequent offenses will be fined $5,000. The law will go into effect on June 1, 2011 and is believed to be the first of its kind in the country.
Skeptics will of course point out that this law does not forbid ALL forms of discrimination against the unemployed — reading between the lines, it appears that it is not illegal for an employer in NJ to discriminate against the unemployed, they simply can’t do it online or in print.
On a local level, this is troubling in deed. But this sort of practice is currently taking place throughout the country. It begs a very serious question: HOW DO WE COMBAT 9.2% UNEMPLOYMENT IF WE ARE NOT WILLING TO HIRE THE UNEMPLOYED?
Think about it. How do we ever get our people back to work and our economy back on track if this sort of attitude exists at the very top of the hiring management chain?
I believe employers need a fresh perspective. First of all, they should consider that a highly qualified candidate may be unemployed for any number of very good reasons, including: the pursuit of full time education, a change in career goals, family leave issues, previous employer’s business closed, etc. Plus, a highly qualified unemployed person may in fact be the very best person for the job. Furthermore, an unemployed candidate may value the job more than another candidate, ultimately working harder and showing more appreciation and commitment to the firm for hiring him/her. Granted, the unemployed should not get preferential treatment — the best candidate should always get the job. It is the negative stigma of being unemployed that needs to be dispelled.
Some see NJ’s new legislation as a waste of tax payers money; others believe it sends a valuable message to hiring companies throughout NJ. There is really no way to measure the ultimate success or failure of this law, we will all just have to wait and see. And hope…
On the national front, last week Representative Hank Johnson introduced new legislation, The Fair Employment Act of 2011, which would amend the Civil Rights Act and make it illegal for employers to refuse to hire or to lower compensation for a worker because of employment status.
Will this bill receive support? Will it ever be signed into law? And will it change the prevailing, and very troubling negative attitude toward the unemployed? What do you think?