The Fair Employment Opportunity Act of 2011 – Eliminating a Catch-22

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NYC employment attorneys have pointed out that the Equal employment Opportunity Commission (EEOC) held a public hearing. A disturbing trend triggered this hearing. Several companies had been discriminating against job applicants who were unemployed. These job applicants had been excluded from any hiring consideration. Some even ran ads saying that a candidate would only be considered if employed. Ads would have statement like “Unemployed candidates will not be considered at all” or “No candidate will be considered by client if not currently employed, whatever the reason.” The same NYC employment attorneys also point that however disturbing and discriminatory this may seem, it is legal. At least for now.


The Fair Employment Opportunity Act of 2011 is designed to prohibit employers and employment agencies from using unemployment as a sole factor to screen out or exclude job candidate.Employment, job, economy, job search, NYC employment attorneys
In this time of severe recession, many workers are merely victims of the economy. However, as NYC employment attorneys have noted, many employers hang on to the outmoded idea that unemployed people are somehow damaged, are poor workers and weak links.
Employers and staffing firms are not correcting this issue on their own. In fact, the NELP says that these firms are continuing to deny job openings to unemployed candidates.
This is a demoralizing double whammy to those who have lost a job and learn they will not be considered for new openings because they are not working. This old Catch 22 states that you have to have a job to get a job. The fact is there are currently highly qualified, skilled, experienced workers who cannot seem to get their foot in the door because they lost a job through no fault of their own. The NYC employment attorneys state that this makes no sense from a business standpoint.Employment, job, economy,
The Fair employment Opportunity Act of 2011 is designed to stop employers and employment agencies from discriminating against job candidates who are not working. The job search environment is already tough. The Bureau of Labor Statistics states that there is one job opening for every five unemployed workers and the job crises has a long way to go.
 
The NYC employment attorneys are confident that this new legislation will eliminate the discriminatory practices that are making a long term unemployment problem even worse. Apparently, this legislation has strong support and, if enacted, unemployed job candidates should get a fairer shot at job openings.

Employment and the Expansion of Disability Claims

New York Employment AttorneyThe rules issued by the Equal Employment Opportunity Commission (EEOC) expand the protection granted employees under the Americans with Disabilities Act (ADA). These rules were authorized by the ADA Amendments (ADAA) and were passed by Congress in 2008. The results are a significant expansion of the number of individuals claiming ADA protection.
Americans with disabilities are a large and economically disadvantaged group. The goals of ADA mandates are similar to civil rights. One goal is to make sure people with disabilities have access to employment. In the past, employers traditionally shut out disabled people from employment. A second goal is to increase job opportunities for disabled. As a group, people with disabilities earn less than people without disabilities. Employers that will be affected. Employers that employ 15 or more employees who work for at least twenty calendar weeks within a year. The EEOC points out that tracking this can become rather complicated and recommends staying in close communication to ensure compliance. Broad is the protection. The ADAA has expanded the definition of “disability”. As a result, employees will have a much easier time when seeking the law’s protection.
Do I fall under this broad coverage? According to the EEOC, an individual with a disability is a person who:
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  • Has a physical or mental impairment that substantially limits one or more major life activities;
  • Has a record of such an impairment; or
  • Is regarded as having such an impairment.

The key is how limited you are in performing your major life activities. For example, doctors may have diagnosed you as being clinically depressed. However, you may not be qualified for coverage because you are not substantially limited in performing major life activities.
 What are my rights?If you are covered under the ADA, your employer must make “reasonable accommodations” as long it does not cause the employer “undue hardship”. Undue hardship for the employer means it would cause significant difficulty or expense. Reasonable accommodation can take many forms, but some common examples are included here:

  •  Part time and job sharing
  • Flexible schedules
  • Time off for doctor’s appointments, support groups and therapy
  • Flexible break time to meet individual needs
  • Additional leave time

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 Filing a Charge. If you think an employer has discriminated against you because of your disability, you may file at the nearest EEOC office or find an experienced employment attorney. If you have no office in your area, it can usually be over the phone.