As of early 2020, the unemployment rate in the U.S. is continuing a downward trend that began several years ago. These numbers, however, usually only show the percentage of the population that is able to work and actively seeking work. It does not include people who are under-employed, can only find part-time or temporary work, or have given up on finding a job. The longer a person goes without a job, the more difficult it can be for them to find one. The New York City unemployment discrimination law is one of the few in the nation to protect against automatic dismissal of job applicants who have been out of work. This type of discrimination can not only perpetuate unemployment, it can also overlap with other types of unlawful discrimination.
Unemployment Discrimination Under New York City Law
The New York City Human Rights Law (NYCHRL) prohibits employment discrimination on the basis of an individual’s unemployment. N.Y.C. Admin. Code § 8-107(21). It defines unemployment as being out of work despite being able to start working and actively looking for a job. Id. at § 8-102.
Employers in New York City may not advertise that a job is only open to individuals who are not currently unemployed, or that they will not consider unemployed applicants. They may not base employment decisions, including hiring, rate of pay, and other matters, on an applicant’s unemployment. They may, however, inquire about why an applicant has been out of work. They may consider unemployment as a factor in their decision-making if they have “a substantially job-related reason for doing so.” Id. at § 8-107(21)(b)(1).