COMMENTARY | Solving the problem of discrimination against the jobless is a task for a leader. President Barack Obama included a provision to outlaw such discrimination in the American Jobs Act, but by resorting to legislation, he overlooked a far more effective tool for solving the problem.
The American Jobs Act is causing bad vibes among some employers due to the provision that would open them to lawsuits for discriminating against the unemployed in hiring. Republican leaders jumped on the discrimination ban, saying it's unnecessary and targets an uncommon occurrence. Texas Rep. Louie Gohmert said the bill would create a new protected class and encourage litigation.
While anecdotal reports document the existence of jobless need not apply ads, the Equal Employment Opportunity Commission has not drawn any conclusion about the prevalence of this practice. But as far back as July, media sources were reporting on the appearance of hundreds of online help wanted ads that restricted the applicant pool to the currently employed.
New Jersey outlawed such discrimination and other states were considering following suit. While the size of the problem may not be firmly established, there does seem to be a problem of sufficient magnitude to warrant federal attention. Discrimination against jobless people seeking work will hinder the economy and lead to numerous social ills. It doesn't follow, though, that legislation is the answer.
The critiques of AJA are spot on in suggesting the proposed law could encourage a spate of litigation, much of it frivolous. Undoubtedly, employers would cease advertising "must be currently employed," making it nearly impossible to discern the reason for a particular candidate's rejection. With very large employers, the argument would be reduced to statistics instead of a more accurate assessment of individual hiring decisions.
The president missed an important opportunity when he put forth the American Jobs Act and it isn't too late for him to remedy his mistake. He should use his moral authority as the country's leader to speak out against the practice of discriminating against the unemployed. He should hire the unemployed and make it known he has done so. He should instruct federal agencies to put the unemployed and employed on equal footing when it comes to hiring.
With the power of the White House behind him, the president doesn't need a law to influence hiring practices. He can extract commitments from top corporate executives to ensure the unemployed are fully and fairly considered for job openings. He can use the visibility of his office to publicly commend companies hiring the unemployed in significant numbers.
That's what being a leader is all about.
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