Job Postings Bill Still Has Problematic Provision
Moving people off the unemployment rolls and into good jobs is still a critical need in Connecticut. But HB 5274 could open the door to countless, meritless and costly civil claims against businesses by unemployed individuals who believe, with or without any evidence, the reason they were not hired is because they are currently unemployed.
HB 5274 prohibits discrimination against unemployed people in job postings. However, it also allows those individuals to bring a claim against a business that doesn’t hire them if the candidates believe their jobless status was the reason they weren’t hired.
Unlike any type of legal claim, under HB 5274, an unemployed individual’s ability to guess the motivations and thoughts of another individual can now be the basis for civil claims.
Originating in the Commerce Committee, HB 5274 was one of three similar bills raised by the legislature this session–and the only remaining bill that allows discrimination claims against employers based on potentially erroneous beliefs.
The business community supports a prohibition on discriminating against or discouraging the unemployed from applying for jobs.
While such postings may have happened in the past, today it is more of an urban legend than commonplace practice – primarily because businesses are looking for the best job candidates regardless of their current employment status.
We do not believe, however, in opening businesses to claims made by job candidates who do not fit their needs.
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