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The Bankruptcy Of Refusing To Hire Persons Who Have Filed Bankruptcy, Terrence Cain

Alabama Civil Rights & Civil Liberties Law Review

In 1978, Congress made it illegal for government employers to deny employment to, terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. In 1984, Congress extended this prohibition to private employers by making it illegal for such employers to terminate the employment of, or discriminate with respect to employment against a person who has filed bankruptcy. Under the prevailing view of the law, private employers can refuse to hire a person who has filed bankruptcy solely because that person has filed bankruptcy. Meanwhile, employers have substantially increased their use of credit history …