Background Check vs. Credit Check—Man Sues Prospective Employer For “Bankruptcy Discrimination”
You’ve applied for a job, have gone to your interview with a clean pressed suit and winning smile, and are otherwise confident that you meet all of the qualifications. Yet, you’re still troubled by one thought—even if my prospective employer claims to be equal opportunity, will they run a credit report on me?
Many job applicants are not aware that a background check is essentially a “consumer report”, which overlaps with some of the material found on your standard credit report. While a bankruptcy is on public record, your consumer report does include some things that aren’t public record, like your social security number, and some that are public record, like sex offender lists and—you guessed it–bankruptcy. In our age of economic turmoil, one cannot afford to have their very unemployment—a lack of funds in the form of a bankruptcy–prevent them from attaining their dream job.
In theory, bankruptcy discrimination shouldn’t be a concern. According to Title 11 U.S.C. Section 525(b), firing someone based on bankruptcy is considered unlawful. This law reads:
“No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act.”
Still, bankruptcy discrimination happens all the time. An Eric Myers of Sumter County, Florida was recently refused a management position at a gourmet delicatessen and proactively sued for damages when they overlooked him for the position. Discrimination in job hiring is always a sticky wicket, as you can’t lack confidence in order to testify that you were a shoe-in for a job. Who’s to say you’re simply, regrettably, unqualified?
If you’re considering filing for bankruptcy, you are entitled to bankruptcy rights! Your filing will be public record and will affect your credit, but you must have conviction that your bankruptcy cannot be used to discriminate against your employment, prevent you from gaining government licensing or securing student aid. To learn more about the specifics of filing for bankruptcy, contact one of our legal professionals at 1-800-260-1402 for a free initial consultation.
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