Can a Person Be Denied Employment Due to Bankruptcy in Oregon?

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    Definition

    • You cannot be denied federal or private employment in Oregon due to bankruptcy. U.S. Code 525 defines discrimination in the workplace as the deliberate reduction of work hours or overtime and the revocation of favorable work assignments by an employer. Denial of pay increases based solely on the fact that a employer or applicant is or has been in bankruptcy is also a violation of the federal bankruptcy law.

    Consumer Credit File

    • An employer will not receive written or verbal notification of a bankruptcy discharge; however, the information is reported in the public records section of your consumer credit report. If your employer requests a copy of your consumer credit file, you're entitled to request a copy of the credit information viewed by your employer. You must indicate your wish to observe this right on your employment application.

    Time Frame

    • A Chapter 13 bankruptcy reorganizes debt and remains on your consumer credit file for up to seven years. A Chapter 7 bankruptcy liquidates debt and remains on your consumer credit file for up to 10 years. Chapters 11 and 12 also remain on your consumer credit file for up to 10 years.

    Discrimination

    • If you believe an employer in Oregon has denied you employment due to a previous or current bankruptcy filing, you can bring legal proceedings against the employer for discrimination.

      If, on the other hand, the employer denied you employment based on multiple factors, you cannot bring legal proceedings because the employer is not in violation of the federal bankruptcy laws.

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