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Emory Bankruptcy Developments Journal

Abstract

Congress amended § 525 of the Bankruptcy Code in 1984 to expand employment discrimination regulation to private employers. Section 525 prohibits employment discrimination on the basis of bankruptcy status. Section 525(a) prohibits this practice by government employers, and § 525(b) does so with respect to private employers. But there is a key difference between the two sections: only § 525(a), which governs public employers, explicitly prohibits discriminatory hiring on the basis of bankruptcy status.

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