Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Rea v. Federated Investors, 10-1440

By FindLaw Staff on December 15, 2010 | Last updated on March 21, 2019
Plaintiff's suit against defendant for refusing to hire him because he had formerly declared bankruptcy

Rea v. Federated Investors, 10-1440, concerned a plaintiff's suit claiming that defendant violated 11 U.S.C. section 525(b) for refusing to hire him because he had previously declared bankruptcy.  In affirming the district court's grant of defendant's motion to dismiss for failure to state a claim, the court held that the district court properly declined plaintiff's request to read the phrase "discrimination with respect to employment" in section 525(b) as broad enough to encompass discrimination in the denial of employment.

As the court wrote: "Section 525(a) provides that the Government may not "deny employment to, terminate the employment of, or discriminate with respect to employment against" any person that has been bankrupt.  In section 525(b), on the other hand, Congress omitted the language prohibiting a private employer from "denying employment to" a person that has been bankrupt.  As the Supreme Court stated in Russello, "we refrain from concluding here that the differing language in the two subsections has the same meaning in each.  We would not presume to ascribe this difference to a simple mistake in draftsmanship."" 

Related Link:

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard