Human Resources News & Insights

EEOC’s new focus is a puzzler

The EEOC’s tilting at a new windmill: Companies that allegedly screen out the unemployed when considering candidates for open positions.

The idea is, since minorities comprise a higher percentage of the unemployed than whites do, eliminating the jobless from competition for open positions could be regarded as discriminatory.

The agency held a hearing on the issue this week. Among the speakers were college professors, spokespeople for various advocacy groups and attorneys for employers.

It was generally agreed that if employers were, indeed, excluding the unemployed from the applicant screening process, it could, indeed, adversely affect minorities, women, older applicants and the disabled.

OK. We get that.

But there’s no real evidence employers are excluding the unemployed. Nobody seems to know what the EEOC could do to address the issue — if it exists — or if the agency even has the authority to do so.

Finally, why would any sensible employer do such a thing?

We’re assuming the normal company wants to hire the best fit for every open position. Why narrow the field of available candidates — especially using such an arbitrary standard?

People find themselves out of a job for myriad reasons. To automatically disqualify a candidate simply because he or she’s unemployed is plain stupid.

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  • PO’d HR Guy

    The EEOC needs to get a life, so to speak. With all the budget-cut talks going on in DC, it sounds like someone has drawn a conclusion (employers exclude the unemployed from consideration), then conjured some facts (most unemployed are minorities) to support a case for job justification and perpetuation. Enough already!!

  • HR is my life

    Well in my personal experience as an interviewer I was told to not consider those that were unemployed because they would lack the necessary “current” skills. Now that was 10 years ago so a lot has changed, but lets not act as if it doesn’t happen.

    We’ve all heard and experienced the old adage “It’s easier to find a job if you already have one.” I have found that to be true numerous times.

    If you are not working currently you are considered lazy, unqualified or basically unwanted by anyone else.

    I am so happy that I do not have to face the interview process again. Being an entrepreneur is hard and time consuming but it most definitely has it’s payoffs!

  • Leigh

    Give me a break; I have been in HR for many years and have yet to meet ANY other HR rep that describes an unemployed person as lazy, unqualifed or basically unwanted. Current employment could be a pertinient factor in considering someone for a position; i.e. do they have current networking contacts (especially for sales), are their tech skills current, etc. etc. And what was the reason for a long break in employment? Raising a family, back to school, the economy? I have heard unemployed people complain that they did not get a job “just because I am out of work now”. But usually they didn’t get the job because they were out of work two years and thought they could walk back into a high caliber job and refused to consider one that was ‘below’ them. PO’d HR Guy is right, the EEOC needs to get a life. By the way, do you know how many EEOC claims are found to have cause each year? 3% yes, that is right 3%. The high hprofile cases give the illusion that the big bad corporate world is discriminating against applicants and employees which couldn’t be further from the truth. The big bad corporate world IS spending millions on legal fees defending themselves against disgruntled employees that are seeking a cash cow.

  • Getreal

    The government makes it too easy for a disgruntled (former) employee to file a claim. It doesn’t cost them anything but their time. There should be some recourse against both the claimant and the the bureaucrat that takes the unwarranted claim.

    The adage that it’s easier to get a job if you have a job doesn’t hold water in a down economy like we’ve experienced the last few years. All you have to do is post a good job and you’ll get resumes from a lot of good, qualified people.

    The way I see it, if companies want to take the narrow-minded view that the unemployed are lazy, then they shut themselves out from accepting applications from some good people.