In this blog entry we deal with the U.S. Bankruptcy Code and its application to employment laws. 

 

Under the provisions of the Bankruptcy Code, a governmental employer cannot discriminate against applicants or employees who are or have been in bankruptcy. They cannot refuse to hire such applicants, fire such employees upon this ground, or discriminate with

Under the Americans With Disabilities Act (“ADA”), an employer cannot discriminate “against a qualified individual on the basis of disability.”   A person “currently engaging” in illegal substance use is not “qualified” under the ADA.  However, the ADA specifically exempts a person who, for example, has successfully completed a supervised drug rehabilitation program and is no longer

In our blog of February 22, 2011, we noted that under the anti-discrimination laws there is no protected class known as “the unemployed,” and if you are not hired because of your unemployment status, you have no actionable claim of discrimination.  However, there is a concept known as “disparate impact,” which means that a hiring criteria,

Effective April 9, 2011, Section 195.1 of the New York State Labor Law, requires all employers, other than governmental agencies, to give employees at the time of hire (before work is performed), and on or before February 1st of each year, notice of:

1. the employee’s rate or rates of pay;
2. the