Forum Post: American Jobs Act
Posted 13 years ago on Oct. 10, 2011, 1:57 a.m. EST by Rmarks1701
(103)
This content is user submitted and not an official statement
I cannot remember where, but I said in a reply to another post that Obama's Job's act has a clause in it that allows an individual who is unemployed, and who then applys for a job and gets turned down for what ever reason. That individual can then sue the company that turned them down for keeping them unemployed.
Here is a link that backs what I said up.
http://www.politifact.com/truth-o-meter/article/2011/sep/16/fact-checking-whats-obamas-jobs-bill/
And in the actual act it's self it says (on page 152) Subsection(a)(2) States that it shall be an unlawful employment practice for an employer to fail or refuse to consider for employment, or fail or refuse to hire an individual as an employee because of the individuals status as unemployed.
What this means (in the words of a man who sits on the board of directors for a local community bank) is: They will look to hire someone away from another company instead of offering positions on the open market as they do not want to be sued for rejecting someone for employment.
Next thing you know you wont be allowed to look at a resume.
What it's saying is potential employers aren't allowed to discriminate based solely on employment status. From your link:
"Another critic, Fox News host Sean Hannity said on his Sept. 13, 2011, show that under Obama’s bill,"you can sue if you are unemployed and don't get the job and think you weren't hired because you are unemployed."
We found that Hannity was correct. The bill prohibits employers from publishing help-wanted ads that disqualify people who are unemployed, and bars employers from failing to consider or hire an individual "because of the individual's status as unemployed." The bill places similar restrictions on employment agencies.
As for enforcement of the new provision, the bill says that "a court of the United States shall have the same jurisdiction and powers as the court has to enforce ... Title VII of the Civil Rights Act of 1964" -- the landmark provision that bans employment discrimination based on race, color, religion, sex and national origin."
So, in other words, an employer can't put out an ad saying they will only hire people that are currently employed. Or, make it a policy to not hire anyone that is unemployed. At least, not in an open way where a potential employee could have proof. Anyone can sue for almost any reason, but I guess in this case, if you actually have proof that you weren't hired simply because of your employment status, then you could have a case. Personally, I don't think this would result in many successful lawsuits, and of course, it's an intrusion on business to tell them how to do their hiring. But, it's hard to imagine many companies would translate this into, "Well, I guess I have to hire someone directly from another company (instead of someone unemployed)."
No offense, but Hannity is not "news," that is entertainment and the Obama bill is for McJobs anyway. Still, a nice post.