My usual disclaimer: I am not an attorney and I do not play one online.
Back in June of 2010 a search firm representing a client posted a job on a job board saying
“NO UNEMPLOYED CANDIDATES WILL BE CONSIDERED AT ALL”
I wrote this blog post about it including a screen shot of the ad
Here is an image of part of a Craig’s List ad from a few weeks ago:
There have been similar job ads that were posted in the past year and many have wondered when the Department of Labor or the EEOC would look into the practice.
Look into it they are.
February 16, 2011 the EEOC held a meeting to discuss what the outcomes are if employers only hire those already employed.
You can check out this press release from the meeting Out of Work? Out of Luck.
No, the unemployed are not a protected class but a majority of those unemployed do fall in a protected class and that may make for some blurred lines.
Interesting to note is the EEOC has had similar meetings on the use of credit checks and also what might be considered as unfair hiring practices impacting older workers.
What shocks me (and I know I should not be) is that companies and recruiters are so stupid to write such phrases in the ad.
Besides any potential legal issues it is a PR and marketing nightmare.
Clearly they are not thinking about the message they are giving to people.
And getting away from the legal and marketing part of this the arrogance on their part to think that the unemployed are somehow “tainted” is disturbing.
Sure an employed person may have a more needed (current) skill set than someone whose skills are not current so you hire the already employed person but to think (and say) it with a broad brush is BS.
Check out this March 7th video from CNBC as they get more into this including some recent job postings and a response from one recruiter: