Can a Private Employer Make a Hiring Decision Based on an Applicant’s Bankruptcy?

By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck

As staff counsel for a Chapter 13 Trustee I often turn to § 525 of the Bankruptcy Code as support for enforcing our office’s wage order requirement. I often argue this Code section makes it clear that a debtor’s employer cannot terminate a debtor simply because the employee is a debtor in bankruptcy and the debtor should not fear his/her employer being noticed that the debtor has filed for bankruptcy. However, § 525 of the Bankruptcy Code also limits other actions an employer may take depending . . .

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