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Trend: More States Looking to Ban Pre-employment Credit Checks

 

If you’ve been following our Blog, then you know that Oregon just recently joined the bandwagon of states that have made it illegal for employers to use Credit Checks in the hiring process. Both Washington and Hawaii already have similar legislation in place, and now 16 other states have begun to turn their attention in that direction. 

Representatives in states ranging from South Carolina to Illinois to Wisconsin are beginning the legal processes of introducing bills that could potentially ban employers from running credit checks on applicants when the job-in-question doesn’t require a credit history to be performed. For instance, employers wouldn’t be able to obtain a credit history of a mechanic as it’s not necessary to determine if he can perform his job—as opposed to accountants or bank tellers (who would be an exception to the law.)

In a recent USA Today article, States may ban credit checks on job applicants , Andy Manis detailed a true story that inspired such legislation. Terry Becker is just one example of a person that was negatively affected by pre-employment credit checks that undeservedly prevented him from getting several different Jobs. According to the article,pre-employment credit checks, employee credit report

“Becker said it all started with medical bills that piled up when his now 10-year-old son began having seizures as a toddler. In the first year alone, Becker ran up $25,000 in medical debt.

Over 4½ months, he was turned down for at least eight positions for which he had authorized the employer to conduct a credit check, Becker said. He said one potential employer told him, ‘If your credit is bad, then you'll steal from me.’”

Once figures like Tennessee State Rep. Steve Cohen, Maryland Delegate Kirill Reznik, and Wisconsin State Rep. Kim Hixson heard of Becker’s story, they began drafting legislation that would help unemployed Americans like Becker get back in on the job market. According to a survey published by the Society for Human Resources Management, an estimated 60 percent of employers already run credit checks on at least some job applicants—but many states want that to change.

States with pending legislation now include: South Carolina, Maryland, Vermont, Connecticut, Michigan, Illinois, Ohio, Georgia, Missouri, Indiana, New Jersey, Oklahoma, New York, Wisconsin, and Pennsylvania.

Premier will keep you posted about what these states plan to do specifically, and whether or not the legislation is passed. But in the meantime, tell us what you think. Should employers be allowed to run credit checks at their discretion? Or should pre-employment credit checks be regulated and limited?

Comments

Of course this should be banned. I have a credit score of 760, always made sure I was credit-worthy. But I have neighbors who were laid off thru no fault of their own and have fallen behind on bills after unemployment ran out. Let's see, AIG execs and others were using these same laid off persons money to get bailed out, DID THEY GET A CREDIT CHECK before getting the money? Of course not. So the big executives who caused the recession get bailed out, yet the taxpayers who lost their jobs due to the executives GREED, they can't get hired if they fall behind on THEIR bills. Yes, a fair thing happening here in the good ol' US of A right? *sarcasm* It's criminal. TransUnion just wants to get rich off monies from reports from employers.
Posted @ Monday, September 27, 2010 6:27 PM by Glenda Rhoader
i put in a application for an cna job at convalesce home there was a form about running your credit,i ask whats the porpose i was told that company policy you can't submitt an application without signing the consent form, i thought there was a ban to his. i was not in the medical field, who have any insight to this
Posted @ Thursday, October 14, 2010 2:35 PM by reggie
This form of discrimination, should definitely be abolished; in my opinion, our own government, has over extended itself to the point of "Bad Credit". There are far too many people, that fell victim to the false market scams, pulled by big business and Banks. People, were allowed to get loans they could never pay back, with hidden fees, huge interest rates and penalties. The false economy has caused a lot of people to fall behind; in return their credit scores fall. This does not, as many believe, regardless of studies by companies, who have dreamed up one more way to make money, by praying on others weaknesses, prove that a person is a thief; or that they are more likely to steal from a company. If you hold a persons credit score against them, in an application for employment, they will never get their heads back above water, and their debt will never be re paid. In the case of a Federal Reserve employee, or a Bank employee, I could see the reason for concern. I understand the thinking, but I highly disagree, with the practice as a whole.
Posted @ Saturday, April 09, 2011 11:32 AM by Jamie
I think two points need to be considerd. first - with the current process you are 'assumed guilty' through just one area of your life. The assumption is made that if you are behind on you bills you will steal from the company. There is no room for explanation as to why you have fallen behind. also, I think companies should have FULL disclosure. "Pass a background check" is pretty broad. they should be required to state exaclty what they are checkin and what will disqualify you.
Posted @ Tuesday, April 26, 2011 9:32 AM by Michele
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