Sec. 201 Prohibited acts
“25 Prohibition on discrimination based on employment status
“2501. Definitions
“As used in this chapter—
“(1) the term affected individual means any person who was not considered for employment, or was not hired by an employing agency, as an employee, because of the person’s current employment status (current as of the date of the decision concerning consideration or hiring), or any person who was not considered, screened, or referred for an employment opportunity, as an employee, by an employment agency because of the person’s current employment status (current as of the date of the decision concerning consideration, screening, or referral);
“(2) the term employee means an individual described in section 6381(1)(A);
“(3) the term employing agency means an agency covered under subchapter V of chapter 63;
“(4) the term employment agency means any person regularly undertaking with or without compensation to procure employees for an employing agency or to procure for individuals opportunities to work as employees for an employing agency and includes an agent of such a person, and includes any person who maintains an Internet website that publishes advertisements or announcements of openings in jobs for employees;
“(5) the term Secretary means the Secretary of Labor; and
“(6) the term status as unemployed, used with respect to an individual, means the individual’s present or past unemployment, regardless of the length of time such individual was unemployed.
“2502. Prohibited acts
“(a) It shall be an unlawful practice for an employing agency to—
“(1) fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee, because of the individual’s status as unemployed;
“(2) publish in print, on the Internet, or in any other medium, an advertisement or announcement for an employee for any job that includes—
“(A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for a job; and
“(B) any provision stating or indicating that an employing agency will not consider or hire an individual for employment based on that individual’s status as unemployed; and
“(3) direct or request that an employment agency take an individual’s status as unemployed into account in considering, screening, or referring applicants for employment as an employee.
“(b) It shall be an unlawful practice for an employment agency to—
“(1) fail or refuse to consider, screen, or refer an individual for employment as an employee based on the individual’s status as unemployed;
“(2) limit, segregate, or classify individuals in any manner that may limit their access to information about jobs, or consideration, screening, or referral for jobs, as employees, because of their status as unemployed; or
“(3) publish, in print or on the Internet or in any other medium, an advertisement or announcement for any vacancy in a job, as an employee, that includes—
“(A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for a job; and
“(B) any provision stating or indicating that an employing agency will not consider or hire an individual for employment based on that individual’s status as unemployed.
“(c) It shall be unlawful for any employing agency or employment agency to—
“(1) interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this chapter; or
“(2) fail or refuse to hire, to discharge, or in any other manner to discriminate against any individual, as an employee, because such individual—
“(A) opposed any practice made unlawful by this chapter;
“(B) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this chapter;
“(C) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this chapter; or
“(D) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this chapter.
“(d) Notwithstanding any other provision of this chapter, consideration by an employing agency or employment agency of an individual’s status as unemployed shall not be an unlawful employment practice under this chapter if an individual’s employment in a similar or related job for a period of time reasonably proximate to the hiring of such individual is a bona fide occupational qualification reasonably necessary to successful performance in the job that is being filled.
“2503. Enforcement
“The Office of Personnel Management shall prescribe regulations necessary for the administration of this chapter. The regulations prescribed under this chapter shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary of Labor to carry out title I of the Fair Employment Opportunity Act of 2014.”