These days, employers have tons of applicants for every opening. You have to find some way to narrow down the list. Some employers think it's a good idea to simply screen out anyone who is currently not holding down a job. Depending on where you are located, that can be a big legal mistake.
Consider employers located in the District of Columbia. Since last year, it is illegal to refuse to hire someone because he or she is currently unemployed. And don't even think about putting such a restriction in your help wanted ads. That's illegal, too. New Jersey and Oregon have similar restriction. And New York City Council is prepared to pass a similar measure, though Mayor Bloomberg has threatened to veto the ordinance if they do.
Why would states get involved? Perhaps because it costs them money to keep employees who would otherwise be hired on unemployment, to provide Medicaid coverage for them and their dependents and to manage Food Stamp eligibility. In short, some state legislatures see prohibiting discrimination against the unemployed as a way to stop the bleeding from their social service budgets and to get tax dollars flowing back into the coffers instead of out.
The lesson: Don't routinely exclude the unemployed from employment. Instead, if you are worried about skills and motivation, ask what the applicant has been doing during his stint collecting unemployment compensation payments. Has she taken refresher classes? Has he volunteered at a homeless center? Spent time mentoring or being mentored These are all factors indicating the applicant may be an excellent candidate. What's more, you likely will get a dedicated and grateful employee with renewed pride and enthusiasm. Why not give him or her a chance?
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