As unfair as it may sound, employers should have the right to discard any resume they deem not worthy of employment at their establishment. I do not think that there is anything illegal about it. But I do not think it makes any sense either since the reason somebody is applying for a job is because they not have a job.
While it is an unfortunate situation that those unemployed get passed over I think it should be up to the employer who he/she wishes to have working for them. I believe that a skilled unemployed applicant will eventually be able to find employment at a firm that is willing to take a chance on them in the end.
Toss them away, well at least after six months. Companies should discard resumes and applications after six months if that person is not hired. It is important that companies toss them so that peoples personal info cannot be misused or outright stolen. Companies have a moral obligation to protect there employees info and those looking to gain employment.
I believe employers should be allowed to discard resumes of currently unemployed applicants. Holding on to a resume doesn't mean that an employer will hire the person and if they've elected not to, that decision probably is not going to change. Overall, I think they should discard the resume if that is the case because there's no longer any reason for the employer to hold that information.
I do not think that employers should be allowed to discard resumes of currently unemployed applicant based on the fact that they are currently unemployed. If an applicant does not have the qualifications for the position and happens to not currently have a job, well that's unfortunate. If an applicant has all the required qualifications, yet is dismissed solely based on their current employment, this is discrimination and the company can in fact be sued for such behavior.