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Is Homelessness the Next Protected Class?

BY By Robert G. Brody
July 26, 2013

Would you hire a homeless person? It may surprise you to learn that discrimination against the homeless may be unlawful ' regardless of whether your state or the federal government has expressly prohibited this practice. If this is the case, could common practices, such as requesting a job applicant's home address, be considered unlawful?

New Initiatives Promise Equal Employment Opportunity

There is a growing movement nationally for states and municipalities to enact a “Homeless Person's Bill of Rights.” In 2012, Rhode Island became the first state to put this concept into law. Among other things, the law prohibits employment discrimination solely on the basis of an individual's status as homeless. Victims of such discrimination can sue for damages, including attorneys' fees. Other states have yet to follow suit. However, earlier this year, Connecticut enacted a Homeless Person's Bill of Rights that promises equal employment opportunity, but only offers protection through other statutes or regulations that may be enacted. Therefore, it has no force on its own. Will the legislature amend the law and give it some teeth? Only time will tell.

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