A substantial number of people in the U.S. have been out of work for months or even years, despite ongoing efforts to find work. Those people may find themselves in a paradoxical situation, in which lengthy unemployment makes it even harder to find a job. Some jurisdictions have enacted laws to protect people from discrimination on the basis of unemployment. New York City’s unemployment discrimination law took effect in 2013. At least two federal judges in Manhattan have considered claims under the New York City law in the past year. One judge focused primarily on jurisdictional questions, while the other undertook some analysis of the claim.
The New York City Human Rights Law (NYCHRL) defines “unemployment” as the state of “not having a job, being available for work, and seeking employment.” N.Y.C. Admin. Code § 8-102(27). Employers may not discriminate based on an applicant’s unemployment. Id. at § 8-107(21)(a)(1). An employer may not, for example, refuse to consider applicants who are currently unemployed, nor may they make disparate salary offers to unemployed job candidates. Employers are also prohibited from advertising that positions are only open to people who are currently employed. Id. at § 8-107(21)(a)(2).
A 2015 lawsuit in a Manhattan federal court claimed unemployment discrimination under the NYCHRL, which the court considered in an order on the defendant’s motion to dismiss. Szewczyk v. City of New York, et al., No. 1:15-cv-02468, order (S.D.N.Y., Sep. 9, 2016). The plaintiff had been unemployed for about four years when she applied for an Assistant Civil Engineer position with the defendant. She had worked in engineering jobs before, but the defendant’s job listing allegedly stated that “only candidates who are permanent in the title of Assistant Civil Engineer should apply.” Id. at 2.