Burnett v. Stewart Title, Inc.

635 F.3d 169, 65 Collier Bankr. Cas. 2d 393, 31 I.E.R. Cas. (BNA) 1678, 2011 U.S. App. LEXIS 4369, 54 Bankr. Ct. Dec. (CRR) 100
CourtCourt of Appeals for the Fifth Circuit
DecidedMarch 4, 2011
DocketNo. 10-20250
StatusPublished
Cited by1 cases

This text of 635 F.3d 169 (Burnett v. Stewart Title, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burnett v. Stewart Title, Inc., 635 F.3d 169, 65 Collier Bankr. Cas. 2d 393, 31 I.E.R. Cas. (BNA) 1678, 2011 U.S. App. LEXIS 4369, 54 Bankr. Ct. Dec. (CRR) 100 (5th Cir. 2011).

Opinion

KING, Circuit Judge:

Appellant Shani Burnett filed a complaint against Appellee Stewart Title, Inc., alleging that Stewart violated 11 U.S.C. § 525(b) when it refused to hire Burnett on the basis of her earlier bankruptcy filing. The bankruptcy court granted Stewart’s motion to dismiss for failure to state a claim, holding that § 525(b) does not create a cause of action against private employers who discriminate in hiring on the basis of an applicant’s bankruptcy status. The district court affirmed, and so do we.

BACKGROUND

The facts of this case are straightforward. In September 2006, Shani Burnett filed a voluntary petition under Chapter 13 of the Bankruptcy Code, 11 U.S.C. § 1301 et seq. In July 2007, Burnett interviewed for prospective employment with Stewart Title, Inc. (“Stewart”), which made her an offer of employment contingent upon the results of a drug screening and background check. During the background check, Stewart discovered Burnett’s bankruptcy and rescinded its offer on that basis.

Burnett filed suit against Stewart under 11 U.S.C. § 525(b), asserting that Stewart unlawfully discriminated against her due to her bankruptcy status. Stewart filed a motion to dismiss under Rule 12(b)(6) for failure to state a claim. The bankruptcy court decided that 11 U.S.C. § 525(b) does not prohibit private employers from engaging in discriminatory hiring on the basis of an applicant’s bankruptcy status, and granted- Stewart’s motion to dismiss. The district court affirmed, and this appeal followed.

STANDARD OF REVIEW

“We review a district court’s affirmance of a bankruptcy court decision by applying the same standard of review to the bankruptcy court decision that the district court applied.” Barner v. Saxon Mortg. Servs., Inc. (In re Barner), 597 F.3d 651, 653 (5th Cir.2010) (per curiam) (citation and internal quotation marks omitted). We therefore review findings of fact for clear error, and conclusions of law de novo. Id.

ANALYSIS

The single issue on appeal is whether a claim for discrimination is legally cognizable against a private employer that denies employment to an applicant solely on the basis of that person’s status as a debtor in a bankruptcy proceeding. The governing statute is 11 U.S.C. § 525, which provides two standards: one for government employers in § 525(a) and one for private employers in § 525(b). Subsection (a) provides:

(a) ... [A] governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title or a bankrupt or a debtor under the Bankruptcy Act, or another person with whom such bankrupt or debtor has been associated, solely because such bankrupt or debtor is or [172]*172has been a debtor under this title or a bankrupt or debtor under the Bankruptcy Act, has been insolvent before the commencement of the case under this title, or during the case but before the debtor is granted or denied a discharge, or has not paid a debt that is discharge-able in the case under this title or that was discharged under the Bankruptcy Act.

11 U.S.C. § 525(a) (emphases added).

Subsection (b) has language that is somewhat different from subsection (a):

(b) No private employer may terminate the employment of or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt, solely because such debtor or bankrupt—
(1) is or has been a debtor under this title or a debtor or bankrupt under the Bankruptcy Act;
(2) has been insolvent before the commencement of a ease under this title or during the case but before the grant or denial of a discharge; or
(3) has not paid a debt that is dis-chargeable in a case under this title or that was discharged under the Bankruptcy Act.

Id. § 525(b) (emphasis added).

Burnett and amicus curiae contend that the act of denying employment to a person is to “discriminate with respect to employment against” that person, such that it is barred by the plain language of § 525(b). If § 525(b) were considered in isolation, Burnett’s position may have merit. However, when interpreting the meaning of a phrase in a statute, the statute must be read as a whole because “ ‘Act[s] of Congress ... should not be read as a series of unrelated and isolated provisions.’” Soliman v. Gonzales, 419 F.3d 276, 282 (4th Cir.2005) (quoting Gustafson v. Alloyd Corp., 513 U.S. 561, 570, 115 S.Ct. 1061, 131 L.Ed.2d 1 (1995)). In keeping with this rule, two basic canons of statutory construction guide our decision here.

First, “[w]here Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposefully in the disparate inclusion or exclusion.” Russello v. United States, 464 U.S. 16, 23, 104 S.Ct. 296, 78 L.Ed.2d 17 (1983) (citation and internal quotation marks omitted). Here, § 525(a) specifically states that a governmental unit may not “deny employment to, terminate the employment of, or discriminate with respect to employment against” a person on the basis of his or her bankruptcy status. 11 U.S.C. § 525(a) (emphasis added). Subsection (b), however, omits the prohibition against denying employment, stating only that a private employer may not “terminate the employment of, or discriminate with respect to employment against” such persons. 11 U.S.C. § 525(b). Applying the Russello presumption, Congress’s exclusion of the words “deny employment to” in subsection (b) was intentional and purposeful.

Second, when interpreting a statute, “it is a ‘cardinal rule that a statute is to be read as a whole,’ in order not to render portions of it inconsistent or devoid of meaning.” Zayler v. Dep’t of Agric. (In re Supreme Beef Processors, Inc.), 468 F.3d 248, 253 (5th Cir.2006) (quoting Wash.

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Bluebook (online)
635 F.3d 169, 65 Collier Bankr. Cas. 2d 393, 31 I.E.R. Cas. (BNA) 1678, 2011 U.S. App. LEXIS 4369, 54 Bankr. Ct. Dec. (CRR) 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnett-v-stewart-title-inc-ca5-2011.