Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2017

Labor and Employment Law

Faculty Scholarship

Employment

Articles 1 - 2 of 2

Full-Text Articles in Law

The Bankruptcy Of Refusing To Hire Persons Who Have Filed Bankruptcy, Terrence Cain Oct 2017

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

Faculty Scholarship

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 law as it currently exists, private employers can refuse to hire a person who has filed bankruptcy solely because that person has filed for bankruptcy. Meanwhile, employers have substantially increased their use of credit …


The Role Of The State Towards The Grey Zone Of Employment: Eyes On Canada And The United States, Susan Bisom-Rapp, Urwana Coiquaud Jan 2017

The Role Of The State Towards The Grey Zone Of Employment: Eyes On Canada And The United States, Susan Bisom-Rapp, Urwana Coiquaud

Faculty Scholarship

In most countries, precarious working is on the rise and nonstandard forms of work are proliferating. What we call the “grey zone” of employment is generated by transformations at and with respect to work both in standard and nonstandard forms of working. Focusing on legal and policy regulation, and on the role of the state in the creation and perception of the grey zone, our contribution explains the way the government acts or fails to act, and the consequences of that activity or inactivity on the standard employment relationship. Examining and juxtaposing conditions in our two countries, Canada and the …