It's getting ugly.

Obama proposed to make it illegal for certain companies to refuse to hire the unemployed or to advertise positions that prevent the unemployed from applying.  When I first heard of this, I thought to myself that it would never hold up, but at least it would make a statement.  Several days ago, I came across this Wall Street Journal article written by Michael Saltsman.  Saltsman believes there just isn't enough evidence to conclude that the unemployed are victims of discrimination, and labeled it an "exaggerated problem."


At what point will there ever be enough evidence to prove that unemployed people are not getting hired?  Most companies are smart enough to avoid using discriminatory language on their job postings.  All of the decisions are made behind closed doors.  Then, are are companies that aren't too smart.  This was the very first job listing I found during today's job search:


THERE'S HOPE!

TRADE DEPOSITIONS, FILINGS AND ENDLESS MOTIONS FOR DEAL WORK!

Litigation associates (JD 2008, 2009, 2010, 2011) with stellar credentials from top law firms -- now you can change practice areas. 

Our client, a law firm in San Francisco with a sophisticated corporate practice, needs to immediately hire an associate to do corporate work

Highly competitive compensation that matches leading national firms; fyi, litigation candidates will be treated as 2010 or 2011 class year corporate associates for compensation purposes. 

Excellent work life balance and high quality and interesting working environment. Candidates must have a JD from a top 25 law school and be currently employed by a major law firm. California bar members is a plus, but is not required. 

IMPORTANT: Procedure for submitted resume: Cut and paste your resume into a body of an email and send it to the above email address. Put "SWITCH" in the subject line of the email. 

All submissions will be treated strictly confidentially. No resume will be submitted to our client without your express consent. Thank you.


Just because there isn't a great deal of physical proof does not mean that discrimination does not exist.  As an unemployed person who has yet to hold a permanent job since 2008, I hardly feel that this problem is being exaggerated by the senators who raised the issue.  


It's also quite disappointing that when certain class of people need legal protection, our system makes it difficult to let that happen.  But when people are being deprived of the protection of the law (i.e. post-9/11), our government hardly flinches when letting it all go.


Let my conclude by pointing out that Saltsman is employed as a research fellow at the Employment Policies Institute.  You gotta feel it to know it.