You shouldn’t need a job to land a job

You shouldn’t need a job to land a job

Rick Gershon/Getty Images

People at a job fair during the recession.

Having a job shouldn’t be a requirement for getting a job. But for many unemployed New Yorkers â€" even exceptionally qualified candidates, sometimes with decades of experience â€" that’s the message they’re getting from employers.

The jobless are told in so many words: Sorry, if you’re not currently employed, or have been out of work for too long, we’re not interested. That’s if they get a response at all.

Blatant examples of bias against the unemployed began to appear a few years ago in job ads that explicitly told the unemployed not to apply. After a public outcry, recruiters wised up. Nowadays, fewer are broadcasting such exclusions in their job postings, but many still won’t consider applicants who’ve been unemployed for any stretch of time.

It’s a Catch-22. How are unemployed people supposed to get back to work if employers won’t even consider them because they’re unemployed? Many long-term unemployed workers are running out of hope they’ll ever find a new job.

Their despair is reflected in New York City’s unemployment numbers. Our average unemployment rate of 9.4% in 2012 far exceeds the national rate, which was 7.8% in December. Last year, 51% of our city’s unemployed workers were out of work at least six months, compared with 39% nationally. Nearly 30% remain unemployed even after one year.

Nationally since the recession began, more than 6 million Americans have exhausted all available unemployment benefits while still looking for work.

How are we going to improve our unemployment situation if we allow employers to continue saying that only people with jobs can get jobs? That’s just plain unfair, and it’s time to put a stop to it.

Last week, the City Council overwhelmingly passed a bill sponsored by Leroy Comrie of Queens and Vincent Gentile of Brooklyn that makes it illegal to discriminate in hiring simply because an applicant is unemployed.

The bill makes it unlawful for an employer to use someone’s unemployment status against them in a job application, and prohibits job postings that contain this kind of discriminatory language. Workers will be able to file complaints with the city’s Human Rights Commission and pursue remedies in court.

It’s the toughest law of its kind in the nation. We’re proud that New York City is taking a strong stand against unemployment discrimination. And we would welcome the mayor’s support on this measure.

Nothing in this law prohibits an employer from asking job applicants about any period of unemployment; in fact, the legislation expressly allows employers to ask such questions.

Let’s be clear on what the bill does and doesn’t do. Obviously, the bill does not mean that employers will be forced to hire every applicant who’s unemployed. And there’s an easy way for employers to avoid lawsuits: Follow the law! Document the lawful reasons for rejecting candidates.

Nor does it mean an employer can’t ask a prospective employee about his or her job history. That would be crazy. If there’s a substantial job-related reason for taking unemployment into account, the bill guarantees employers the right to do so.

The bottom line: The law would narrowly prohibit slamming the door on applicants merely because they’re unemployed.

It makes no sense that highly qualified workers who want and need work can’t even get past the starting gate simply because they lost their jobs through no fault of their own.

Will this bill put an end to all cases of unemployment discrimination? Maybe not. But it’s a critical step. And it sends a strong message: It is no longer acceptable and will no longer be legal to shut out unemployed workers from hiring in the five boroughs.

Quinn is the speaker of the New York City Council. Stringer is the borough president of Manhattan.