How NUNA Is Keeping the Unemployed from Finding Work Again

Finding a job in this economy has been a challenge for the approximately 14 million who are still out of work. Currently, the unemployment rate is sitting at a high 9.2 percent, according to the U.S. Bureau of Labor Statistics.

Unfortunately, thanks to an unspoken rule of many companies, it will be difficult for this rate to change any time soon. Why? Because many simply aren’t interested in hiring on a candidate who is currently unemployed.

Unemployment Rate: U.S. Bureau of Labor Statistics

No Unemployed Need Apply (NUNA)

If you are employed, chances are you have not heard of NUNA. However, if you are actively seeking a job and have been doing so for a while, you are probably familiar with the phrase “No Unemployed Need Apply.”

This is a standard that many businesses are adopting and simply means they will not hire an applicant who is not currently employed or has recently been laid off.

It’s no secret that companies prefer not to hire workers who have gaps in their employment, as it often signals that something about the applicant is undesirable to other companies.

But since the NUNA concept is a bit more controversial, it’s interesting that many companies are absolutely not shy about expressing their distaste for unemployed workers. In fact, it’s not difficult to find companies on various job boards that post their preference for candidates who are currently employed.

The question many have for this practice, however, is can companies legally do this?

Is NUNA Illegal?

This is one big question that arises from individuals who learn about this practice, and, well, there is a mixed bag of answers.

Some legal experts say that the practice doesn’t violate discrimination laws because employment status doesn’t fall into a protected category such as age or race.

However, it has become enough of an issue that the Equal Employment Opportunity Commission (EEOC) held a hearing in Feb. 2011 to determine whether discriminating against the jobless could be deemed illegal, largely because the practice disproportionately affects older workers and minorities.

Lawmakers in New Jersey have also taken issue with the practice. Recently, the state outlawed job ads that bar unemployed workers from applying, while New York and Michigan are considering doing the same.

And as of July 2011, legislation known as the Fair Employment Opportunity Act of 2011 has been introduced in Congress. If passed, it would “prohibit discrimination in employment on the basis of an individual’s status or history of unemployment.”

Of course, this brings up a number of additional questions. For example, if the law is passed, how can a job applicant prove they were discriminated against rather than genuinely unqualified for a position? This question is difficult to answer–and because it is, NUNA could continue even if a law is passed to ban the practice.

Making the Most of a Job Search When Unemployed

Unfortunately, NUNA couldn’t have come at a worse time for many job seekers. By 2008, at no fault of their own, millions of workers found themselves laid off with no job prospects to look forward to thanks to the financial crisis.

Shortly after the unemployment rate reached 10.2 percent in late 2009, the Economic Cycle Research Institute (ECRI) told CNN Money that 7 million jobs had been lost forever. This left millions of qualified workers competing for many of the same jobs while the unattractive gaps in employment sitting on their resumes widened from weeks to months, or from months to years.

So how can workers in this position compete in an unforgiving job market? Here are some options to consider:

• Go back to school/get additional training: One concern for employers is that being unemployed means you’re falling behind the curve in your field. To keep up, consider going back to school or getting additional training to make yourself more marketable.
• Volunteer in your field: While volunteering isn’t the same as actually being employed, it gives you the opportunity to stay relevant in your field by continuing to acquire experience.
• Try temp work: Consider joining a temp agency that can find work for you during your down time. Keep in mind that temp agencies are likely to be very busy, but try to join one or more to find work and then apply for permanent jobs while temporarily employed.
• Hire a resume writer: Resume writers are skilled at sculpting resumes that can get you hired under the worst of circumstances. If you have the money to invest in a resume writer, strongly consider this as an option to help you become more competitive with companies that are actually hiring unemployed workers.

NUNA appears to be something that’s not going away in the near future, at least not until lawmakers find a way to govern the practice. So it’s up to you as an unemployed worker to make the most of the situation until it changes for the better.