In a groundbreaking investigation, the U.S. Department of Labor’s Civil Rights Center found earlier this month that Florida’s unemployment system is filled with civil rights abuses. Because of difficult “skills tests,” Florida’s denial rate for unemployment applications jumped nearly 70 percent in the first three months of 2012, as the percentage of unemployed people in Florida getting benefits dropped to 15 percent, the lowest in the nation.
The inquiry began with a complaint against the state of Florida by the Miami Workers Center, represented by Florida Legal Services. Citizens applying for unemployment benefits complained that a “skills review” which included 45 math and reading questions was unconstitutional, especially for those with limited English or learning disabilities.
After an extensive investigation, the U.S. Department of Labor complained that this new system violated the Civil Rights Act of 1964 and the Americans With Disabilities Act of 1990 by discriminating against people with limited English skills and disabilities, denying them access to benefits to which they are entitled.
Even the process of accessing the test proved difficult, if not impossible, for non-English speakers, numbering in the thousands across the sunshine state. Test takers discovered that while the state offered a “multilingual telephone hotline” to help people who couldn’t figure out the online process, virtually no one could get through to a live person.
Those who could reach an operator were never given access to an interpreter. Spanish speakers who selected “Spanish” still got a message in English, while one tester speaking Punjabi was told by a hotline operator, “I don’t speak gibberish, so call when you learn English.”
Governor Rick Scott (R) pushed for the implementation of this exam, turning Florida into one of the strictest when it comes to unemployment benefits. The state of Florida must now bring its system into compliance with the law or it possibly could face a civil suit from the U.S. Department of Justice and the loss of federal funds to its unemployment insurance system.
Nearly five years after the 2008 economic crisis, unemployment still hovers around 8 percent across the nation, not including the thousands of discouraged workers who have stopped looking for employment after searching for six months or more.
Access to unemployment benefits remains an important lifeline for individuals without work searching for employment. Finding work while unemployed presents significant obstacles, even during periods of economic growth.
A 2012 survey of hiring managers found that jobless candidates were viewed as less qualified even if they had the same resume as currently employed candidates. The problem may be especially bad for people out of work for long periods of time.
New Jersey and Oregon have passed laws in recent years banning job ads that discourage the unemployed from sending in their resumes. In 2011, President Obama proposed banning discrimination against the jobless nationally, but the measure stalled in Congress.