A press release from the EEOC last month states that there is a rise in employers advertising jobs for which only currently employed candidates will be considered.
This trend is likely due to the perception that an applicant who lacks current experience may have a steeper learning curve or performance deficits. Employers may also believe that someone who was able to remain employed through the recession must be more valuable in today’s market. Regardless, the EEOC is sending a clear message that hiring only the currently employed may be a form of discrimination it wishes to investigate.
According to Helen Norton, a law professor at the University of Colorado School of Law, “Some employers may use current employment as a signal of quality job performance, but such a correlation is decidedly weak. A blanket reliance on current employment serves as a poor proxy for successful job performance.”