by Answerbag Staff on March 13th, 2010

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Can a garnishment keep you from getting a job?

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  • by Ronna DeLoe on March 13th, 2010

    Answerbag Experts

    Great Answer

    Professionally Researched. (What's this?)

    On One Hand: Discriminatory Practices

    While Federal law protects employees from being fired because they're being garnished, hiring practices are not as clear-cut. Generally, during an interview, an employer cannot ask if you will be garnished. Since garnishment affects minorities disproportionately, the question borders on racial discrimination. Because garnishment will not affect job performance, the question is usually not allowed.

    On the Other: Garnishment Laws Do Not Ensure Hiring

    While laws prevent firing because of garnishment, those laws are not meant to ensure you will be hired if you are being garnished. Since you can be fired in many states for having more than one garnishment, it is axiomatic that an employer does not have to hire you if you have multiple garnishments.

    Bottom Line

    It is difficult to prove you weren't hired because of one garnishment. Employers will give other reasons for not hiring you. Even if you could prove that the garnishment was the reason, there is no clear-cut answer if this constitutes a discriminatory hiring practice and if it is actionable.

    Source:

    Concordia University St. Paul: Guidelines for Interviewers

    United States Department of Labor Employment Standards: Administration Fact Sheet No. Esa 91-5

    "The Law": Garnishment: Facts and Information

    Ivester Law: Employment Law

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