Recently the administration called on corporations to pledge not to use unemployment status as a selection criterion in their hiring decisions. According to various media reports at least 300 corporations have taken this pledge including a number of major federal contractors. The purpose of this article is to discuss whether and to what extent the laws currently enforced by OFCCP can be used to address this issue.

OFCCP enforces Executive Order 11246, which prohibits discrimination on the basis of race, sex, national origin, color, and religion. It also enforces the Vietnam Era Veteran’s Readjustment and Assistance Act, commonly referred to as VEVRAA or Section 4212 and Section 503 of the Rehabilitation Act which prohibits discrimination on the basis of disability in federal contracting. OFCCP does not enforce any laws that directly prohibit discrimination on the basis of unemployment status. It is