Will Disqualifying Job Candidates Based on Their Current Unemployment Soon be Prohibited.

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The article reviews a recent Equal Employment Opportunity Commission initiative to evaluate whether excluding a job applicant from consideration for a job, because the applicant is unemployed, results in a disparate impact on persons in protected classes. Until the EEOC clarifies the circumstances under which employment status is an appropriate or inappropriate criterion for job selection, employers should evaluate carefully whether to consider an applicant's status as unemployed in making such decisions.

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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.

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