Discriminatory Job Postings Continue; Senators Urge CareerBuilder to Stop

Posted by: Mitchell Hirsch on Oct 18, 2011

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Discriminatory practices that exclude unemployed workers in the job market continue, as evidence emerged today of numerous recent job postings on CareerBuilder.com stating candidates "must be currently employed."  News of the most recent exclusionary job ads comes as the three U.S. Senators sponsoring legislation to ban the discriminatory job market practices have called on CareerBuilder.com to stop posting such ads.

Senators Richard Blumenthal of Connecticut, Sherrod Brown of Ohio and Kirsten Gillibrand of New York sent a letter today to CareerBuilder CEO Matt Ferguson asking CareerBuilder to "prohibit companies from posting job opportunities that discriminate against potential applicants based on their employment status."

These images are from the most recent discriminatory job ads found on CareerBuilder.com.  Click on the clips containing the yellow highlighting to see each ad in full (pdf).

Releasing the text of their letter to CareerBuilder in a statement today, the Senators noted their sponsorship of the Fair Employment Opportunity Act that would outlaw discrimination against unemployed job-seekers, legislation given a boost this summer with the release of a report by the National Employment Law Project featured on this blog.

“Being discriminated against after losing a job through no fault of your own is a one-two punch that unemployed Americans shouldn’t have to take,” Senator Brown said. “Discrimination in the employment process is never acceptable—and CareerBuilder should follow in the footsteps of other job placement websites by banning listings with discriminatory language. Americans who work hard and play by the rules— but lose a job through no fault of their own—deserve a fair chance at the next one.”

“Discriminatory practices that disqualify unemployed people from jobs are unfair and unacceptable – undercutting skilled jobseekers from connecting with prospective employers and reducing unemployment. These websites should support their stated goal of helping jobseekers find employment by immediately prohibiting these discriminatory job postings,” Senator Blumenthal said.

“Losing your job through no fault of your own should never disqualify you from finding a new job,” Senator Gillibrand said. “If we’re ever going to get our economy back on stable ground, we need to create more jobs for all Americans who are ready to work. This legislation would keep employers from discriminating against victims of this economic recession, and give all job seekers a fair chance at a paycheck so they can make ends meet and provide for their families.”

The full text of the Senators' letter to CareerBuilder follows:

Mr. Matt Ferguson
Chief Executive Officer
CareerBuilder
200 N. LaSalle St, Suite 1100?
Chicago, IL 60601

Dear Mr. Ferguson:

We are writing to request that CareerBuilder prohibit companies from posting job opportunities that discriminate against potential applicants based on their employment status.

During this period of high unemployment, our nation’s economic recovery depends on new employment opportunities for unemployed workers.  Job listing websites – including CareerBuilder – play a crucial role in helping connect unemployed workers with employment opportunities.  

However, this intention to help connect individuals with job openings can be disrupted when websites include job postings that disqualify unemployed workers from applying.  We have seen several job listings on CareerBuilder – many from our own states – that state applicants “must be currently employed” to apply for the open position.  Although employers should have the right to staff according to their needs, preemptive discrimination not only harms those most in need of employment but can also arbitrarily deny employers with workers who are eager to contribute to the economy.  For this reason, we introduced the Fair Employment Opportunity Act which would outlaw discrimination based on ones employment status.

Cleveland native Selena Forte’s story exemplifies how such policies can harm job-seeking individuals.  Unemployed for two years, Ms. Forte was told by a recruiter for an employment agency that she would not be considered for a position because she had been out of work for too long.  At 55-years old, Ms. Forte was not even given the chance to interview for a position that she was qualified for and is now barely making ends meet with a part-time job as a substitute school bus driver. 

In Connecticut, Bethel resident Kim Keough shares a similar story.  Ms. Keough is a 20 year veteran of the Human Resources profession.  When she was laid off in 2008, she looked for work while receiving unemployment benefits, only able to secure part time work for minimum wage that is outside of her field.  When she applied recently to an HR position, the recruiter informed her that the client would not consider anyone who was not currently employed.  When she noted her part-time job, the recruiter said that was insufficient.  Here, an individual who has done everything asked of her to find a job, and has shown a willingness to accept work when offered to her, is being punished for the simple fact that the only work she has found in a difficult economy is part-time.

Ms. Forte and Ms. Keough are not alone in their experiences.  The National Employment Law Project (NELP) conducted informal research on discriminatory job postings in July.  Through this research, they found more than 150 ads that included exclusions based on current employment status.  Of these ads, 75 percent were posted on CareerBuilder and Indeed.  Since then, Indeed has banned this exclusionary practice.

It is unreasonable and unfair to assume struggling Americans lost their job because of their work ethics or performance when so many businesses are struggling from financial hardship.  We ask that you do your part and ensure that qualified workers, such as Selena and Kim, are given a fair chance at a job they need.

Thank you for your consideration and we look forward to your response.

The workers referred to in the letter -- Ms. Forte and Ms. Keough -- had originally written to UnemployedWorkers.Org to tell of their experiences facing such discrimination based on their employment status, and had brought those experiences to the attention of the Senators.  If you have had such a direct experience of being excluded from consideration for a job simply because of your being unemployed send us your story here.