This topic contains a solution. Click here to go to the answer

Author Question: May a private employer discriminate against an applicant on the basis of a bankruptcy discharge ... (Read 87 times)

asmith134

  • Hero Member
  • *****
  • Posts: 576
May a private employer discriminate against an applicant on the basis of a bankruptcy discharge listed on the applicant's credit report? Do you think this sort of thing happens from time to time? Explain why you feel it might be important for debtors to be afforded protection in this area.
 
  What will be an ideal response?

Question 2

________ are created by the individual district courts and may vary from one federal district to another.
 
  A) Local rules of restructuring forms
  B) Local clerk forms
  C) Local establishment forms
  D) Local bankruptcy forms



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

diana chang

  • Sr. Member
  • ****
  • Posts: 288
Answer to Question 1

Bankruptcy Code 11 U.S.C.  525 prohibits private and public (government) employers from terminating an active employee because they sought protection under the bankruptcy laws. Under 11 U.S.C.  525, federal, state, and local governments cannot deny, revoke, suspend, or refuse a license, permit, charter, franchise, or similar grant solely because the client has a history of bankruptcy. This does not mean that a client cannot be denied employment on other grounds. Private employers, however, are not held to the same standard. A private employer may not terminate the employment of an employee who has sought bankruptcy protection. The statute, however, does not protect prospective employees during the screening process for a new job when they are interviewing with private employers. The issue of whether it is considered discriminatory to deny a person employment based on a bankruptcy is being litigated across the United States. Although some courts have found that employers cannot discriminate based on a history of bankruptcy because it denies one a fresh start, other courts have ruled in favor of the employer. Ultimately, this issue will have to be decided by the United States Supreme Court unless the statute is amended to protect applicants. The best action for a client to take when the employer will conduct a credit check is to address the issue of the bankruptcy early on in the job interview. This allows the client to be up-front with the employer and, given the recent recession, it would not be the first time an employer has had to deal with the issue.

Answer to Question 2

D




asmith134

  • Member
  • Posts: 576
Reply 2 on: Aug 2, 2018
:D TYSM


nathang24

  • Member
  • Posts: 314
Reply 3 on: Yesterday
Great answer, keep it coming :)

 

Did you know?

Calcitonin is a naturally occurring hormone. In women who are at least 5 years beyond menopause, it slows bone loss and increases spinal bone density.

Did you know?

The first-known contraceptive was crocodile dung, used in Egypt in 2000 BC. Condoms were also reportedly used, made of animal bladders or intestines.

Did you know?

GI conditions that will keep you out of the U.S. armed services include ulcers, varices, fistulas, esophagitis, gastritis, congenital abnormalities, inflammatory bowel disease, enteritis, colitis, proctitis, duodenal diverticula, malabsorption syndromes, hepatitis, cirrhosis, cysts, abscesses, pancreatitis, polyps, certain hemorrhoids, splenomegaly, hernias, recent abdominal surgery, GI bypass or stomach stapling, and artificial GI openings.

Did you know?

Approximately 70% of expectant mothers report experiencing some symptoms of morning sickness during the first trimester of pregnancy.

Did you know?

Methicillin-resistant Staphylococcus aureus or MRSA was discovered in 1961 in the United Kingdom. It if often referred to as a superbug. MRSA infections cause more deaths in the United States every year than AIDS.

Methicilli ...

For a complete list of videos, visit our video library