New York City Council Passes Bill Prohibiting “Unemployment” Discrimination; Mayor Bloomberg Indicated Intention To Veto Bill

On January 23, 2013, New York’s City Council passed a bill that would modify the New York City Human Rights Law and prohibit discrimination based on unemployment status. The bill would also prohibit advertising requiring current employment as a condition of employment. However, the bill contains several notable exceptions, including that employers may (1) consider an applicant’s unemployment if a substantially job-related reason exists for doing so, and (2) ask applicants about the circumstances related to “separation from prior employment.” If enacted, Bill 814-A would create a private cause of action, as well as grant the New York City Human Rights Commission the authority to enforce the law. Mayor Michael Bloomberg has expressed his intention to veto the bill. Ogletree Deakins will continue to monitor the status of this bill.

Note: This article was published in the February 2013 issue of the New York eAuthority.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ogletree, Deakins, Nash, Smoak & Stewart, P.C. | Attorney Advertising

Written by:


Ogletree, Deakins, Nash, Smoak & Stewart, P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.