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Illinois law prohibits employment discrimination after bankruptcy

By David Leibowitz, Illinois and Wisconsin Bankruptcy

The bankruptcy code give you limited protection against employment discrimination after bankruptcy. You can’t get fired from your existing job in the private sector.  You can’t be discriminated against for a job in the public sector.  But you could be excluded from consideration for a new job in the private sector.

States have been responding to this problem.

Illinois has a new law on the books, effective January 1, 2011, the Employee Credit Privacy Act which puts your credit report and credit report off limits except for a few categories of financially sensitive jobs such as:

• Any bank or financial holding company, bank, savings bank, savings and loan association, credit union, trust company, or any subsidiary or affiliate of same;
• Any authorized insurance or surety business, and those who act on behalf of a company engaged in the insurance or surety business;
• Any state law enforcement or investigative units, such as the executive inspector general, state police, and departments of corrections, juvenile justice, and natural resources;
• Any state or local government agency that requires use of an employee or applicant credit history or credit report; and
• Any entity defined as a “debt collector” by federal or state statute.

That give you a lot of room and flexibility in new employment opportunities after bankruptcy.

Remember, bankruptcy is supposed to give you a fresh start – and now, at least in Illinois, that includes a fresh start to a new and better job

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Full post as published by Bankruptcy Law Network on January 01, 2011 (boomark / email).