No Violation of Bankruptcy Code for Refusing to Hire Applicant due to Bankruptcy Filing
1 min read
May 19, 2011
An applicant for a project manager position with an information technology employer was interviewed and offered the position, pending a background check. The background check revealed that the applicant had filed for bankruptcy in 2002, and the applicant was not hired because of that filing. The applicant sued, alleging that the employer had violated the U.S. Bankruptcy Code’s anti-discrimination provision when it decided not to hire him based on his debt history. The U.S. Court of Appeals for the Third Circuit rejected the applicant’s claim, finding that the Bankruptcy Code does not prevent a private employer from considering a bankruptcy filing in the hiring process. While the Bankruptcy Code states that a public employer may not “deny employment to” an individual based on a bankruptcy filing, it does not extend that prohibition to private employers. Rather, the Bankruptcy Code only creates liability for private employers who “terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor . . .” While this case indicates that private employers may consider an applicant’s debt history when making hiring decisions, employers must be aware of state laws that do not allow such considerations. For example, Illinois employers must now abide by the Employee Credit Privacy Act, which prohibits employers from discriminating against applicants based on their credit history.
Topics
Featured Insights

Webinar
Apr 29, 2026
When a Cyber Breach Hits: Cybersecurity, Privacy, and Compliance

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

In The News
Apr 6, 2026
Ian Wagreich Authors a Chapter in the IICLE’s 2026 “Immigration Law” Handbook

Press Release
Apr 2, 2026
Michelle Michaels Selected to Participate in DWLA Business Development Program

Consumer Crossroads: Where Financial Services and Litigation Intersect
Apr 2, 2026
Governor Hochul Signs Chapter Amendment to the New York FAIR Business Practices Act

Healthcare Alert
Mar 26, 2026
Are You Beyond the Red Line? Mastering Your FQHC’s Scope of Project to Avoid Noncompliance






