In Myers v. Toojay's Mgmt. Corp., the Eleventh Circuit held that a federal Bankruptcy Code provision prohibiting termination of and discrimination against employees for filing bankruptcy does not cover hiring decisions. Plaintiff was offered a job as a restaurant manager conditioned upon a background check. The employer rescinded the job offer allegedly because plaintiff had filed for bankruptcy. Rejecting his refusal-to-hire claim, the court held that although private sector employers are prohibited from discriminating against an employee during employment, or discharging an employee on account of having filed for bankruptcy, the Bankruptcy Code does not cover a refusal to hire. Employers should not be quick to add bankruptcy inquiries as part of the hiring process because financial selection criteria, such as screening for bankruptcy or examining credit history, even if lawful under the Bankruptcy Code, may be unlawful under Title VII and California FEHA if using such criteria has a disproportionate adverse impact on protected individuals.