Oregon, District of Columbia Adopt Laws Addressing Discrimination Based on Unemployment Status | Practical Law

Oregon, District of Columbia Adopt Laws Addressing Discrimination Based on Unemployment Status | Practical Law

Oregon and the District of Columbia (DC) have adopted new laws aimed at protecting out-of-work job applicants from discrimination based on their unemployment status. The DC law prohibits employers and employment agencies from considering an applicant's unemployment status in making adverse hiring decisions. Oregon's law bars overt unemployment discrimination in job advertisements only. Other states and Congress are considering similar legislation.

Oregon, District of Columbia Adopt Laws Addressing Discrimination Based on Unemployment Status

by PLC Labor & Employment
Published on 03 Apr 2012 • District of Columbia, Oregon
Oregon and the District of Columbia (DC) have adopted new laws aimed at protecting out-of-work job applicants from discrimination based on their unemployment status. The DC law prohibits employers and employment agencies from considering an applicant's unemployment status in making adverse hiring decisions. Oregon's law bars overt unemployment discrimination in job advertisements only. Other states and Congress are considering similar legislation.
Oregon and the District of Columbia (DC) have adopted new laws aimed at protecting out-of-work job applicants from discrimination based on their unemployment status.
The DC law, signed on March 19, 2012, and scheduled to take effect following a 30-day Congressional review period, prohibits employers and employment agencies from:
  • Failing or refusing to consider an applicant due to unemployment.
  • Publishing job advertisements stating that unemployed applicants are disqualified from or will not be considered for the position.
However, DC employers may continue to:
  • Require other job qualifications in job ads, including licenses, permits and minimum educational levels.
  • Consider the reasons for an applicant's lack of employment in making employment decisions.
  • Limit an applicant pool to their own current employees.
The law also contains anti-retaliation and whistleblower provisions.
Oregon's law, effective March 27, 2012, bars overt unemployment discrimination in job advertisements, but does not prohibit employers from otherwise considering an applicant's employment status.
The laws do not allow employees to sue employers for violations. Instead, enforcement is delegated to the DC Office of Human Rights and Oregon's Commissioner of the Bureau of Labor and Industries, which may assess monetary penalties against employers for violations.
With the adoption of these laws, Oregon and DC become the second and third US jurisdictions to adopt laws governing discrimination against the unemployed. A 2011 New Jersey law prohibits job ads that discriminate against unemployed applicants. Other states are considering similar laws, while Congress has before it proposed legislation that would create a private right of action for employees who have suffered employment status discrimination.

Practical Implications

Employers in DC and Oregon should familiarize themselves with the requirements of the new laws and insure that job advertisements and hiring policies, as applicable, do not discriminate on the basis of employment status.
All employers should continue to monitor ongoing legislative developments at the state and federal level that may expand the coverage of prohibitions on employment status discrimination and the consequences for violations.