Title III, Subtitle D, of the American Jobs Act 2011 proposed by President Obama will prohibit discrimination in employment on the basis of an individual’s status as unemployed. This subtitle is cited as the “Fair Employment Opportunity Act of 2011”
Under this Act, it will be an unlawful employment practice for an employer to:
1. publish in print, on the Internet, or in any other medium an advertisement or announcement for an employee for any job that includes –
a. any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for any employment opportunity; or,
b. any provision stating or indicating that an employer will not consider or hire an individual for any employment opportunity based on that individuals status as unemployed; or
2. fail or refuse to consider for employment, or fail to refuse to hire, an individual as an employee because of the individual’s status as unemployed;
3. direct or request that an employment agency take an individual’s status as unemployed into account to disqualify an applicant for consideration, screening, or referral for employment as an employee.
This act also includes retaliation and whistleblower protections.
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