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credit discrimination?

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onelrod

Junior Member
I find it impossible to get a good job because of my credit. I just filed bankruptcy! I am an accountant, I am being turned down because of this! I was made and offer but contingent to the fact that I had good credit. i was honest and told them so they said company policy is that they cant have any accountants with bad credit handling finances? what Can I do? how can I get back on my feet ? this is discrimination!!!!! my PERSONAL credit history does not inflict my ability to do my work? please advise

thanks
 


ecmst12

Senior Member
It is completely legal to discriminate on the basis of credit history. It may not actually affect your work but it will certainly affect how your potential clients see you. I wouldn't want someone that can't even handle their OWN finances messing around with MY money! Plus research has indicated that employees with bad credit history and many debts are more likely to try to steal from their employers or clients.
 

moburkes

Senior Member
It is completely legal to discriminate on the basis of credit history. It may not actually affect your work but it will certainly affect how your potential clients see you. I wouldn't want someone that can't even handle their OWN finances messing around with MY money! Plus research has indicated that employees with bad credit history and many debts are more likely to try to steal from their employers or clients.
MANY people file BK because of medical bills. I have about $6000 worth of outstanding medical bills because of my daughter's illness. That says nothing about how I handle my "regular" bills.
 

ecmst12

Senior Member
1. Doesn't change the perception of potential clients
2. Doesn't change the statistically increased likelihood of theft
3. Doesn't change the fact that it's 100% legal to not hire someone because of bankruptcy
4. OP was free to explain the reasons for bankruptcy to the potential employer, and the potential employer was free to not hire him anyway.
 

cbg

I'm a Northern Girl
I'd like to make a distinction here.

While there is nothing in employment law that makes it illegal to refuse to hire someone solely because of a BK, it is prohibited to do so under banking law.

Certain exceptions may apply.

However, that does not mean that an employer is REQUIRED to hire you, either.
 

moburkes

Senior Member
1. Doesn't change the perception of potential clients
2. Doesn't change the statistically increased likelihood of theft
3. Doesn't change the fact that it's 100% legal to not hire someone because of bankruptcy
4. OP was free to explain the reasons for bankruptcy to the potential employer, and the potential employer was free to not hire him anyway.
I don't disagree with that, which is why I was only responding to a very specific part of your post.
 

mlane58

Senior Member
Adding to cbg's post:

TITLE 11 > CHAPTER 5 > SUBCHAPTER II > § 525

§ 525. Protection against discriminatory treatment

(b) 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, or an individual associated with such debtor or bankrupt, solely because such debtor or bankrupt—
(1) is or has been a debtor under this title or a debtor or bankrupt under the Bankruptcy Act;
(2) has been insolvent before the commencement of a case under this title or during the case but before the grant or denial of a discharge; or
(3) has not paid a debt that is dischargeable in a case under this title or that was discharged under the Bankruptcy Act.
 

pattytx

Senior Member
Just as an anecdote, I was hired at my last job, which was managing a payroll department for a large municipality which paid over $100 million in gross wages annually (not counting retirees) and they never did a credit check.
 

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