US Bankruptcy Code Literature & Language Essay Paper

US Bankruptcy Code
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US Bankruptcy Code
First Assignment
The section of the United States bankruptcy code that addresses employment discrimination relative to an employee or job applicant’s bankruptcy history is section 525. Regarding employment discrimination basing upon a person’s bankruptcy filing history, Section 525(b) of the United States Bankruptcy Code spells out that private employers may not discriminate with respect to employment against, or fire, a person who has been or is a debtor under this title, a bankrupt or debtor as per the Bankruptcy Code, or a person who is linked to such debtor or bankrupt (Bird, 2017). Also, the Section has prohibited government employers from discriminating against a person that has filed for bankruptcy, from sacking that individual, or from declining to employ such an individual (Bird, 2017). As such, Section 525 is applicable to both government and private employers. In addition, it states that there are three ways through which an individual could qualify for protection of the section. Firstly, the individual has not paid his/her dischargeable debt. Secondly, the individual was bankrupt either while the petition was pending or prior to filing for bankruptcy. Thirdly, the individual has gone through or is currently going through a bankruptcy proceeding (Bird, 2017).
The protections available to applicants/employees do not apply equally to government versus private employers. It does not contain the same language for both government and private employers. This is because there is clear distinction between private and government employers; the distinction as specified on Section 525 rests on the words “deny employment to”, which apply only to government employers (Bird, 2017). For an employee who was fired because of her/his bankruptcy filing status, the remedies available to that employee include attorney fees, back pay, as well as the employee getting her job reinstated (Dzikowski, 2017).
Second Assignment
Some examples of protected concerted activity as per the National Labour Relations Board (NLRB) include the following: a worker speaking to his/her employer on behalf of his/her workmates regarding improving the conditions of the place of work; workers discussing wi...