In 2011 we wrote a number of blog entries (9/14/11; 6/8/11; 2/22/11) noting that there was no law prohibiting employers from refusing to hire the unemployed. Under the anti-discrimination laws, there is no protected class known as “the unemployed,” and if you are not hired because of your unemployment status, you have no actionable claim of discrimination.
Today’s Wall Street Journal reports that more than a dozen states are following the lead of New Jersey and seeking to pass legislation that would include "the unemployed" within the class protected against employment discrimination. These states include Connecticut, California and Colorado.