The state law forbidding companies from discriminating against unemployed job candidates was upheld by an appeals court Tuesday.
Amid an economic recession in 2011, many laid-off workers who were searching for jobs found themselves up against additional barriers. When some companies hired, they expressly forbid the unemployed from being considered. To combat this trend, the Legislature passed a bill forbidding the practice.
In August of that year, after the law was passed, Crest Ultrasonics, which produces ultrasonic cleaning equipment, posted a small ad in a local newspaper for a service manager.
The ad read in part that the applicant “must be currently employed.” The ad was investigated and the company was fined.
Crest appealed the ruling claiming the law was unconstitutional and that it infringed on their free-speech rights.
The appeals court considered the case after the Department of Labor and Workforce Development upheld the fine.