The Unemployed Anti-Discrimination Act of 2012 (UADA) prohibits employers from discriminating against an individual applicant because they are unemployed. Individuals who believe employers failed or refused to consider them for employment, or failed to refuse or hire them, because they were unemployed can file a complaint with our office. If a violation is found, employers may be required to pay a monetary penalty to the applicant. The incident must have taken place on or after the law’s effective date of October 1, 2015.
Employers and employment agencies are prohibited from:
- Refusing or failing to consider hiring a job applicant because the individual is unemployed;
- Refusing or failing to hire a job applicant because the individual is unemployed;
- Indicating in a job vacancy announcement that an applicant will not be considered or hired because they are unemployed, or is disqualified for the job because they are unemployed; and
- Retaliating against an employee who opposes or reports a violation of this Act.
Employers may ask about, examine and consider the underlying reasons for an applicant being unemployed. Employers may also limit consideration of applicants to those who:
- Are already employed by the employer;
- Hold a current and valid professional or occupational license;
- Have a certificate, registration, permit or other credential; and
- Meet a minimal level of education, training or professional experience.
If the Commission on Human Rights determines a violation occurred, penalties may be imposed on employers and awarded to the complainant. Penalties are:
- $1000 per claimant for an employer’s first violation;
- $5000 per claimant for an employer’s second violation;
- $10,000 per claimant for each subsequent violation, but not to exceed $20,000 per claimant.
Download the Unemployed Anti-Discrimination Act FAQ sheet (PDF).
File a complaint online or download the complaint form (PDF).
Download the Unemployed Anti-Discrimination Act (PDF).