Sec. 374. Prohibited acts
508 words·~2 min read·
/bill/113/hr/2821/ih/section-374A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It shall be an unlawful employment practice for an employer to— publish in print, on the Internet, or in any other medium, an advertisement or announcement for an employee for any job that includes— any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for any employment opportunity; or any provision stating or indicating that an employer will not consider or hire an individual for any employment opportunity based on that individual’s status as unemployed; fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee because of the individual’s status as unemployed; or direct or request that an employment agency take an individual’s status as unemployed into account to disqualify an applicant for consideration, screening, or referral for employment as an employee.
It shall be an unlawful employment practice for an employment agency to— publish, in print or on the Internet or in any other medium, an advertisement or announcement for any vacancy in a job, as an employee, that includes— any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for any employment opportunity; or any provision stating or indicating that the employment agency or an employer will not consider or hire an individual for any employment opportunity based on that individual’s status as unemployed; screen, fail or refuse to consider, or fail or refuse to refer an individual for employment as an employee because of the individual’s status as unemployed; or limit, segregate, or classify any individual in any manner that would limit or tend to limit the individual’s access to information about jobs, or consideration, screening, or referral for jobs, as employees, solely because of an individual’s status as unemployed.
It shall be unlawful for any employer or employment agency to— interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this subtitle; or fail or refuse to hire, to discharge, or in any other manner to discriminate against any individual, as an employee, because such individual— opposed any practice made unlawful by this subtitle; has asserted any right, filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this subtitle; has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subtitle; or has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this subtitle.
Nothing in this subtitle is intended to preclude an employer or employment agency from considering an individual’s employment history, or from examining the reasons underlying an individual’s status as unemployed, in assessing an individual’s ability to perform a job or in otherwise making employment decisions about that individual. Such consideration or examination may include an assessment of whether an individual’s employment in a similar or related job for a period of time reasonably proximate to the consideration of such individual for employment is job-related or consistent with business necessity.