Can an employer refuse to hire me because of bankruptcy in Maryland?

Can an Employer Refuse to Hire Me Because of a Bankruptcy in Maryland?

If you've gone through bankruptcy, you may be wondering how this will affect your job prospects. Will potential employers judge you negatively, or even refuse to hire you based on your financial history? In Maryland, it's crucial to know your rights regarding employment and bankruptcy. Understanding these protections can help you navigate the hiring process with confidence. In this article from the Law Offices of Nicholas J Del Pizzo, a bankruptcy attorney in Dundalk, Maryland we answer the question: Can an employer refuse to hire me because of a bankruptcy in Maryland?

Answering the Question: Can an Employer Refuse to Hire Me Because of a Bankruptcy in Maryland?

Legal Protections Against Discrimination

The federal bankruptcy code offers some protections for individuals facing employment discrimination due to bankruptcy. Public employers, like government agencies, are explicitly prohibited from discriminating against job candidates based on their financial history. However, the situation is less clear in the private sector. While the bankruptcy code broadly prohibits discriminatory treatment, private employers can still have some latitude in their hiring decisions.

Private vs. Public Sector

In public-sector employment, your bankruptcy status should not be a determining factor in hiring. Private-sector employers, however, are not as strictly regulated and can factor credit history into their decisions. Nevertheless, bankruptcy should not be the sole criterion used to disqualify a candidate, especially if they are otherwise qualified.

Maryland-Specific Laws and Employer Rights

Maryland law does not provide specific additional protections against discrimination for applicants who have declared bankruptcy. Employers generally have the right to perform credit checks as part of their hiring process. However, Maryland's Fair Credit Reporting Act regulates how credit information can be used, and employers are required to obtain written consent from candidates before conducting a credit check.

Practical Advice for Navigating the Hiring Process While In Bankruptcy

Address Bankruptcy Proactively: If you believe your bankruptcy might come up during the hiring process, it's often best to address it proactively. Frame your bankruptcy in the context of your financial recovery journey, emphasizing the steps you've taken to rebuild your financial health.

Highlight Your Strengths: During interviews, focus on your skills, qualifications, and character traits that make you an ideal candidate for the role. Employers are often more concerned about finding the right fit than simply checking boxes.

Seek Legal Support: If you feel that you have been unfairly denied employment due to your bankruptcy status, it's essential to seek legal counsel. An attorney can help you understand your rights and determine if discrimination has occurred.

Conclusion: Know Your Rights and Take Action

While bankruptcy can complicate the job search, it's vital to understand that you have rights and can still pursue meaningful employment in Maryland. If you believe you've faced discrimination due to your financial history, or if you want to know more about how bankruptcy affects your job prospects, contact The Law Offices of Nicholas J. Del Pizzo today. Our team is ready to guide you through your rights and help you move forward with confidence.