As of, June 11, 2013, a new law went into effect that makes discriminating against job applicants because they are unemployed a violation of human rights.  Violations of this law will be punished the same way that discriminating against job applicants based on race, national origin, gender, disability, sexual orientation or any other category protected by the NYC human rights law.

With the new law in place, people who believe they have been discriminated against because of their unemployment status can file a complaint with the New York City Commission on Human Rights or can sue you in court.  Employers found in violation of the law can be found liable for:

The new discrimination law is applicable to employment agencies, employers with four or more employees and includes independent contractors who do not have their own employees. 

The new law prohibits you from:

• Basing hiring, pay and benefits, terms, conditions, or other employment privileges on a job seeker’s employment.
•  Advertising a job (whether in print or electronically) that says being currently employed is a requirement or qualification for the position, or that unemployed job applicants will not be considered.

 However, employers may still consider job-related qualifications including:

• Professional or occupational license
• Certification
• Registration
• Permits or other credentials
• Required level of education or training
• Level of professional, occupational or field experience