Sunday, May 8, 2011

NJ Sends The Right Message

New Jersey is a much-maligned state, sometimes with good reason, especially in the area of political corruption.

But sometimes The Garden State gets it right and does something ahead of everyone else in America, something so correct you can’t believe it needs to be spelled out in writing.

Case in point is New Jersey’s new law that bans job ads, in print or online, that only consider the employed for openings.

The job ad legislation, signed into law by Gov. Chris Christie, is necessary because some employers are discriminating against the unemployed. You must be “currently employed” to apply for positions.

Some employers and recruiters are operating under the misguided assumption there is something wrong with you if you’re out of work.

So, following this bonehead logic, you are not worth the time and effort.

Wake-Up Call

Under New Jersey’s law, which takes effect June 1, no business can post a listing for a job opening in the state that contains:

*Any provision stating that the qualifications for a job include current employment;

* Any provision stating that the employer or employer’s agent, representative, or designee will not consider or review an application for employment submitted by any job applicant currently unemployed; or

*Any provision stating that the employer or employer’s agent, representative, or designee will only consider or review applications for employment submitted by job applicants who are currently employed.


Violators will be fined $1,000 for the first offense and $5,000 for a second offense. Christie rejected as too severe original provisions calling for fines of $5,000 and $10,000, respectively.

Zero-Tolerance Needed

Frankly, WMB believes the penalties should be higher, with strict enforcement. Repeat offenders, after the second offense, should have their names published as a public service and a warning to others who would flout the law.

There is no excuse for practicing discrimination against any group of individuals. People should be judged on legitimate qualifications, knowledge and skills, period.

True, there are laws prohibiting racial, sexual, age, ethnic and religious discrimination, and various forms of bias in between.

But some employers used the Great Recession as cover for creating two classes of workers – those currently employed but seeking new jobs and those unemployed but deemed not worthy of consideration.

Talk about flawed and skewed thinking!

Debunking The Myth

Some of those who lost their jobs since 2008, through no fault of their own, were well-qualified and veteran workers across a variety of industries – construction workers, teachers, police officers, financial advisers, journalists, just to name a few.

Many of these workers had skills, knowledge, strong work ethic and, yes, higher salaries than what entry-level positions provide.

With few exceptions, nobody willingly would want to become long-term unemployed. Unemployment benefits, even generous ones, do run out. Food needs to be on the table; bills have to be paid.

And, doubters aside, many Americans still have a solid work ethic that has been handed down through generations of immigrants. That ethic is part of the thread that makes us diverse and strong as a nation.

Employers since the recession years have held all the hiring cards, especially when the numbers reflected five to seven workers for each job opening, regardless of industry.

Businesses, large and small, should carefully screen all job candidates to find the best qualified, not toss out the unemployed based on arbitrary rules and bias.

New Jersey is on the right path; others should follow its lead.

Ken Cocuzzo

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