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Unemployment Discrimination?

Since the start of the Great Recession in late 2007, many people who lost their jobs have been struggling to reenter the workforce. Making things more difficult, employers have shown a growing prejudice against unemployed job seekers. Some have gone so far as to flatly state that the unemployed need not apply.

New Jersey legislators stepped up to curb this practice. In 2011, New Jersey made history by enacting a first-of-its-kind ban on job advertisements that make current employment a requirement for applicants. Employers who violate the law face a $1,000 civil penalty for a first offense, $5,000 for a second offense and $10,000 for a third or subsequent offense.

Unfortunately, the law still has weaknesses:

  • While the law levies civil fines, it does not give job applicants an individual right to sue.
  • The law prohibits discriminatory advertisements but does not actually prevent employers from considering employment status during the hiring process.

Around the time New Jersey put its law into effect, federal legislators proposed amendments to the Civil Rights Act of 1964 that would add the unemployed to the list of classes that receive protection under federal employment law.

This bill would go much further than New Jersey’s new law by:

  • Prohibiting covered employers from considering employment status
  • Giving individuals who are denied jobs because of their unemployment status the right to file charges of discrimination with the Equal Employment Opportunity Commission —and to ultimately file private suits in federal court with the help of an employment discrimination lawyer.
Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt
Partner

Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey
Partner

Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…

Carly Skarbnik Meredith Attorney Photo
Carly Skarbnik Meredith
Partner

Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…

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