NYC Council Overrides Mayor Bloomberg’s Veto: Discrimination Against Unemployed Banned

As Speaker Christine Quinn promised, the New York City Council voted to override Mayor Bloomberg’s veto of a bill prohibiting discrimination against the unemployed. Beginning in June 2013 when the bill takes effect, New York City will become the first jurisdiction in the United States to allow unsuccessful job applicants to sue based on their protected status as unemployed. The law prohibits employers with four or more employees and employment agencies from basing decisions regarding hiring, compensation and other terms and conditions of employment on an applicant’s unemployed status. An employer may consider an applicant's unemployment status when hiring, but only if there is a substantial, job-related reason for doing so. Employers and employment agencies are also prohibited from publishing advertisements for any job vacancy in New York City which state or suggest that current employment is prerequisite for a position. Additional details are available in our prior posts here and here. For more information on the new NYC bill and developing and implementing valid hiring criteria, please contact John R. Vreeland, Esq., jvreeland@genovaburns.com or Douglas J. Klein, Esq., dklein@genovaburns.com in our Labor Law Practice Group.