
Title VII of the Civil Rights Act disallows employers to discriminate against applicants on criteria that relates to race, color, religion, sex, or national origin. You can now add another item to the list: discrimination based on whether or not you already have a job.
An unknown but growing problem is employer discrimination against those who've been out of work for a very long time. Increasingly, companies are putting out ads for jobs that require that the applicant be "currently employed." This makes it more difficult for those who've been seeking work for long periods of time to have a chance to find a job.
The legislation designed to remedy this problem is referred to as The Fair Employment Act of 2011 (H.R. 1113), which was drafted by Rep. Hank Johnson (D.- GA) and co-sponsored by Rep. Jesse Jackson Jr. (D. - Ill). The legislation effectively amends the Civil Rights Act, making it illegal for employers to refuse to hire or give lower compensation to people because of their employment status.
"I just thought about how unfair that was, to discriminate against people who had lost their jobs due to no fault of their own, who were just victims of corporate downsizing during a tough economy," Johnson told HuffPost. "And then to be penalized for having that status is very unfair. It reminded me of the days when blacks were told to not apply for jobs, when job ads said 'No women allowed.' This really affected me, and I decided that there was something that we could do."
The bill, if it passes, would put the burden onto the plaintiff to prove that discrimination ever took place. Unfortunately, it can be difficult to prove that discrimination occurred, at least the way the courts have been structured over the last decade. But legislators argue that having the law on the books will at least stem back blatant discrimination with ads requesting that the applicant already be employed.
This bill is like much of everything else that the American public sees coming out of Washington: modestly helpful, but not very meaningful. Many people of color across America are victims of various forms of discrimination, racial and otherwise. Unfortunately, they often find that their needs and issues are ignored by political leaders who are trapped by the status quo in a historically racist society. Even departments and organizations that haven't hired more than one black person in over a decade are let off the hook, as many are allowed to simply conclude that black people just aren't qualified.
We can at least say that this legislation is better than nothing, and it is our greatest hope that conscientious legislators like Jesse Jackson Jr. will continue to carry the torch in Washington.
Dr. Boyce Watkins is the founder of the Your Black World Coalition. To have Dr. Boyce commentary delivered to your e-mail, please click here. To follow Dr. Boyce on Facebook, please click here. 
Comments: (34)
Add a comment
By: girlking on 3/17/2011 4:32PM
This is going to hurt a lot of Caucasian women who have been off the market for a long time.
Reply to this Comment | Report This
By: Ellice on 3/17/2011 7:22PM
I know you made this comment for attention! Maybe you didn't get any from mom and dad while growing up. But, guess what, God is watching and he is the one who really knows your heart whether it's evil, mean-spirited or genuinely care about all people.
Report This
By: M. Alexander on 3/18/2011 8:02AM
I agree ! Those caucasian women who are commonly referred to as "soccer moms" who's hubby doesn't want her or allow her to work !
Report This
By: Johnny B. on 3/17/2011 7:22PM
Sometimes 'currently unemployed' means 'never had a job.'
No surprise that Jesse Jr. took up THIS cause!
Reply to this Comment | Report This
By: Ellice on 3/17/2011 7:28PM
Dumb ass employers check references! If an applicant doesn't have any job references, then most likely they never had a job, was fired, received a bad performance etc. Some colleges do offer HR studies. You should give it a shot. Also, don't let hate for people make you ignorant. People hate when they stay to themselves and aren't smart enough to know that there are good and bad people in every race, class, etc. I'm just saying!
Report This
By: blk on 3/19/2011 3:49PM
Ok so someone gets a job for the first time in their life and you knocking that? Tell me how that makes sense? Should they stay unemployed?
Rule of thumb,if you a millionaire or a crack head doesnt mean anything white people will always have a reason to judge and look down on you....Source:see aboved statement
Report This
By: MzMe-Me on 3/17/2011 10:56PM
Jesse Jackson Jr.'s efforts are appreciated.
My question is how will our government enforce the laws. Employers do not take the laws that already exist seriously as EEOC case loads continue to soar on matters of discrimination violations of Title VII of 1964 and retaliation thereof.
The unemployment dilemma in the African-American community reflects genocide or attempted murder of the entire race as it impacts housing, education, and health.
Do you know that unemployed African-Americans who are well trained in their fields (i.e., paralegals, and others) are offered $10 an hour instead of $25-$35 which is considered fair compensation.
Even employed African-Americans are not allowed to work in peace as more and more are being bullied, harassed (including sexually harassed), discriminated against, subjected to differents terms of employment that non-African-American workers, and more.
Just imagine the single young mother of three who deseparately needs her job and what it takes in 2011 to keep it? The creepy people she encounters and demands on her to keep her job.
So, it is not peachy for those African-Americans with jobs either.
There needs to be an over-haul with better oversight regarding labor and compensation. But, greatly appreciate the efforts to enable new legislation initiated by Jesse Jackson Jr.
Reply to this Comment | Report This
By: Jaye on 3/18/2011 7:04AM
To discriminate against those who are unemployed is just plain dumb....what about those with disabilities...whom most of the job market overlooks anyhow?
Reply to this Comment | Report This
By: jazz on 3/18/2011 8:01AM
The only time white america wants to deal with blacks,Is when a 911 accure.And then want us to fight for thier white asses!BlackPower!!!!!!!!!!!
Reply to this Comment | Report This
By: M. Alexander on 3/18/2011 8:04AM
I agree Jazz ! I had an uncle who refused induction into the Army during the Vietnam war because as he says, "I can't fight for freedom somewhere far away when I can't even walk into a restaurant in America and order a hamburger and french fries because o segregation" !
White folks cannot grasp the concept of that !
Report This