Discrimination against the unemployed is rampant. Some job ads explicitly require applicants to be "currently employed," and Americans who have been out of work for a year or longer report employers rejecting them as soon as that tidbit comes out.
And this is legal in virtually every state. A congressional bill introduced last summer, which would have criminalized it, is languishing. Earlier this year, California was poised to become the first state in the country to ban such discrimination. But Gov. Jerry Brown vetoed it, remarking that it would likely lead to "unnecessary confusion."
As of today, only Washington D.C. has such a law on the books, though Oregon and New Jersey currently ban discriminatory language in job listings.