What can I do about bankruptcy employment discrimination? 15 Answers as of June 20, 2011

Will I be denied employment because of past bankruptcy? Is there anything I can do about this?

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Law Offices of Michael T. Krueger
Law Offices of Michael T. Krueger | Michael Krueger
You cannot be fired for having a bankruptcy on your record.
Answer Applies to: California
Replied: 6/20/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
It is a violation of federal law to be discriminated against by an employer on the basis of having filed a bankruptcy case (11 U.S.C. 525). Proving it is usually a bit difficult, however, unless your potential employer admits that's why they didn't hire you (or why you were fired).
Answer Applies to: California
Replied: 6/17/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Unfortunately, the Supreme Court has ruled that private employers can deny employment because of bankruptcy.
Answer Applies to: Virginia
Replied: 6/17/2011
Lakelaw - Loop Bankruptcy
Lakelaw - Loop Bankruptcy | David Leibowitz
You can't be discriminated against on your existing job due to bankruptcy. You can't be discriminated against in hiring in the public sector due to bankruptcy. You can be discriminated against in hiring in the private sector due to bankruptcy. You could sue to protect your rights but these suits are difficult and expensive.
Answer Applies to: Illinois
Replied: 6/17/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
No, there is federal law that prohibits discrimination because of bankruptcy.Some sensitive financial positions may have a problem with it, or some jobs that require a bond may pose a problem.
Answer Applies to: Oregon
Replied: 6/17/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    The only way they will find out about your BK is to pull a credit report if you let them, or if they know you filed to look up the public record. They cannot discriminate against you if you are part of a protected class, however bankruptcy filers is not a protected class.
    Answer Applies to: Washington
    Replied: 6/17/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    This is difficult. How do you prove you didn't get the job because of another factor? There was a recent case that held that the anti discrimination section of the bankruptcy code applied only to government employers.
    Answer Applies to: California
    Replied: 6/17/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    You should speak with an Employment Lawyer to determine your rights.
    Answer Applies to: New Hampshire
    Replied: 6/17/2011
    Law Offices of Steven A. Wolvek
    Law Offices of Steven A. Wolvek | Steven A. Wolvek
    Unless your job requires special clearance - talk to an employment or labor attorney. Bankruptcy is a constitutional right.
    Answer Applies to: California
    Replied: 6/17/2011
    The Doan Law Firm
    The Doan Law Firm | Shawn Doan
    Employers are not allowed to discriminate based on an employee's previous bankruptcy filing.
    Answer Applies to: California
    Replied: 6/16/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Some courts in other parts of the U.S. have recently determined that an employer can discriminate against someone who has filed for bankruptcy. No every judge agrees. It is an unsettled area of the law that should be settled by Congress. Best policy is not to tell if not asked by the employer if you ever filed for bankruptcy.
    Answer Applies to: California
    Replied: 6/16/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Pursuant to federal law it is illegal to discriminate in employment on account of bankruptcy. There is an anti-discrimination clause found in section 525 of the bankruptcy code that pertains to public and private employment.
    Answer Applies to: California
    Replied: 6/16/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    A recent court case in my jurisdiction says employers can refuse to hire you because of bankruptcy.
    Answer Applies to: Georgia
    Replied: 6/16/2011
    Law Office of Chirnese L. Liverpool
    Law Office of Chirnese L. Liverpool | Chirnese Liverpool
    As bankruptcy filings in California continue to rise, a growing concern among individuals we consult is that they may be fired or face other retaliation by their employer for filing for bankruptcy protection . In the State of California, like most other states, employment is considered to be "at will." This means that an employee can generally be fired for any reason or even no reason, as long as it is not done in violation of certain public policy protections (more on this below). Likewise, an employee is free to quit their job with or without notice to the employer. However, various state and federal laws limit an employer's ability to fire employees or take any punitive or retaliatory action based on the employee's membership in a protected class. These protections include age, disability, gender, marital status, race and national origin. Most individuals are unaware that the bankruptcy code also protects against employment discrimination. The Bankruptcy Code Prohibits Discrimination Based on Bankruptcy Filing. The Bankruptcy Code, at 11 U.S.C. sec. 525(b)
    Answer Applies to: California
    Replied: 6/16/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
If you can prove it, may have a case.
Answer Applies to: California
Replied: 6/16/2011
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