Does the law protect people who file bankruptcy from discrimination by a perspective employer?
Even if one is qualified in every way? I had to file two years ago because I lost my job due to being very ill. While I was ill, my bills piled up so high I could not pay them and filed bankruptcy. The lawyer that handled my bankruptcy told me that employers cannot discriminate against me because I filed. Is this true? I have a chance for a better job that I am well qualified for. However, the background check application said that a credit check may be done. I am OK with the background check, but the credit check will show this bankruptcy two years ago. What should I do? The man that interviewed me only asked about the background check and I told him the truth, that I had never been arrested for anything. He did not ask about the credit check.
August 29th, 2009 at 4:05 pm
They can’t discriminate…but that is an issue in itself.
An employer in certain industries can look at your credit history..it is important as in how you handle your money, are you trustworthy, and do you take care of your debts?
As for attorneys for example..if you have serious problems that would disqualify you for taking the bar in most jurisdications faster than a DWI.
Would a bank want someone with an irresponsible credit history advising and approving mortgages? no.
But no McDonalds shouldn’t fire you…and if you are say a nurse or a secretary or even a Doctor…who cares?
August 30th, 2009 at 8:47 pm
Filing for bankruptcy does not put you into a protected class, so it can be the reason for not hiring someone. It rarely is. Outside of law enforcement and people who handle other people’s money, I’ve never seen it used. The credit check is to rule out someone over their head in debt who may easily be tempted into illegal actions.