Unemployed suing employers who turn you down?

CN: With the new jobs bill that Obama proposed, the status of being unemployed would be protected against discrimination (similar to race, gender, sexual orientation, etc) because many job postings say that the unemployed need not apply.  Many are fearful that if this goes into effect, anyone who applies for a job who is unemployed will be able to sue that potential employer for discrimination.

I see both sides of the coin.  Most people looking for jobs ARE unemployed.  Saying they shouldn't even apply is pretty presumptuous.  What about those who are just getting out of college? 
However, opening the floodgate of lawsuits is a little bit too much IMO.  Those companies incuring costs from the lawsuits will lose even MORE money, thus making it more difficult to create jobs.
There's no easy way around it, because companies, even if they think someone was just not qualified, could have the "discrimination finger" pointed at them, even if there was no discrimination involved.

What say you?
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