Prohibiting employment discrimination based on unemployment status and providing remedies

An employer is prohibited from publishing an advertisement or announcement for employment that includes any provision stating that an individual’s status as unemployed disqualifies the individual for any employment opportunity or any provision stating that the employer will not consider or hire an individual for any employment opportunity based on that individual’s status as unemployed. An employer is prohibited from failing or refusing to consider for employment or failing or refusing to hire an individual because of the individual’s status as unemployed. An employer is prohibited from directing or requesting that an employment agency take an individual’s status as unemployed into account to disqualify an applicant for consideration, screening, or referral for employment. The bill also prohibits an employment agency from engaging in certain unfair or discriminatory employment practices. An employment agency is prohibited from publishing an advertisement or announcement for any vacancy in a job that includes any provision stating that an individual’s status as unemployed disqualifies the individual for any employment opportunity or any provision stating that the employment agency or an employer will not consider or hire an individual for any employment opportunity based on that individual’s status as unemployed. An employment agency is prohibited from screening, or failing or refusing to consider, or failing or refusing to refer an individual for employment because of the individual’s status as unemployed. An employment agency is prohibited from limiting, segregating, or classifying an individual in any manner that would limit the individual’s access to information about jobs, or consideration, screening, or referral for jobs solely because of the individual’s status as unemployed. The bill provides that a prevailing complainant is entitled to damages including but not limited to actual damages; court costs; reasonable attorney fees; for a violation relating to publication of an advertisement or announcement for employment, up to $1,000 for each day the violation occurs; and for any other violation, if wages, salary, employment benefits, or other compensation have not been denied or lost to the complainant, up to $5,000. The bill is not to be construed to preclude an employer or employment agency from considering an individual’s employment history, or from examining the reasons underlying an individual’s status as unemployed, in assessing an individual’s ability to perform a job or in otherwise making employment decisions about that individual. Such consideration or examination may include an assessment of whether an individual’s employment history in a similar or related job for a period of time reasonably proximate to the time of consideration for new employment is job-related or consistent with business necessity in relation to that new employment.