Myers v. Toojay's Mgmt Corp., No. 10-10774 (11th Cir. 2011)
Annotate this CasePlaintiff filed a lawsuit against defendant alleging that defendant had discriminated against him because of his bankruptcy, in violation of 11 U.S.C. 525(b), by refusing to hire him and alternatively, by terminating him from the job after it had hired him. The primary issue was whether section 525(b) prohibited a private employer from denying employment to an individual on the ground that he was or has been in bankruptcy. The court applied elementary principles of statutory construction and common sense, holding that section 525(b) did not prohibit private employers from denying employment to persons because of their status as a bankruptcy debtor. The court also held that the evidence was more than enough for the jury to discredit appellant's contrary testimony and found that no employment relationship was formed. Accordingly, the court held that the district court did not err in denying plaintiff's renewed motion for judgment as a matter of law and in denying plaintiff's motion for a new trial where the jury's verdict was not against the great weight of the evidence.
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