“Unemployed” is the New Protected Status, at Least in D.C.

Kollman & Saucier
Kollman & Saucier
07/06/2012

The District of Columbia has enacted novel legislation, protecting unemployed individuals from discrimination in the hiring process. The new law prohibits employers and employment agencies from discriminating against potential employees based on their “unemployed” status. This law is the first of its kind to both prohibit employers from considering the employment status of potential employees and provide whistleblower protections for current employees who report employer violations. Although aggrieved individuals do not have a private right of action to enforce the law, civil penalties are available and may be assessed against noncompliant employers by the D.C. Office of Human Rights. The Unemployed Anti-Discrimination Act of 2012 (“the Act”) has been in effect since May 31, 2012. Regulations are anticipated.

Maryland’s General Assembly is expected to grapple with the same issue in the next session, and specifically consider whether employment status i.e, employed or unemployed should be added as a protected category under Maryland’s antidiscrimination law.

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