Jobs Act's Hiring Protections May Expose Businesses To Suit

Jim Holland, a partner in the Kansas City office, was quoted in the October 14 Kansas City Business Journal article "Jobs Act's Hiring Protections May Expose Businesses To Suit." The article highlights a provision of President Obama's proposed American Jobs Act that would treat the unemployed as a protected class. The proposed law would make it illegal to refuse to hire applicants because they are unemployed. The act also calls for legislation that would outlaw job postings that say unemployed persons will not be considered. Jim said that protecting the unemployed as a class would create a significant burden for employers, regardless of whether discrimination claims had merit. "Discrimination would be difficult to prove, but it opens the door for claims. It's going to open employers to a plethora of litigation they're not currently facing. It's certainly not going to help create jobs "except for lawyers."