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WEDNESDAY, NOVEMBER 25, 2009
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States Seek to Restrict Employer Credit Checks

Lawmakers want employers to prove credit reports are necessary

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(Newser) – Several states and Obama administration officials are seeking restrictions on employers that unfairly screen out job applicants using credit checks, USA Today reports. Spiking unemployment and mortgage foreclosures brought on by the financial crisis have hurt many, and lawmakers say trustworthy people are being shut out of good jobs. Some 43% of US employers check applicants for overdue payments, up from 36% in 2004.

"There's an awareness that a lot of people have bad credit for reasons that have nothing to do with their worth as an employee," one Connecticut state representative said. Employer credit checks are legal, but can be discriminatory if they are not essential to the hiring decision, and critics are pushing for bills that require employers to prove the checks necessary.

In this Jan. 20, 2009 file photo, bank repo,  foreclosure and for sale signs sit outside a foreclosed home in Houston.
In this Jan. 20, 2009 file photo, bank repo, foreclosure and for sale signs sit outside a foreclosed home in Houston.   (AP Photo/David J. Phillip, File)
People wait their turn to talk with unemployment benefits staff at an Employment Development Department office in San Jose, Calif., Friday, Jan. 23, 2009.
People wait their turn to talk with unemployment benefits staff at an Employment Development Department office in San Jose, Calif., Friday, Jan. 23, 2009.   (AP Photo/Marcio Jose Sanchez)
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It's almost like being forever sentenced to debtors' prison.
- Marcus Oshiro, Democratic state representative in Hawaii, on employer credit checks for job applicants

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5 comments
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bacimom
Feb 13, 09 1:22 PM CST
I know plenty of people who for years have been unable to get a decent job because of arbitrary hiring standards based on credit checks for jobs that had no fiduciary responsibility. It is an unwarranted in trusion that I have repeatedly brought to the attention of my Congressman and Senators. None of the three ever bothered to respond. Reply
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scottaco
Feb 13, 09 3:08 PM CST
I've been in this position myself. "I wouldn't have the credit issue if I had the job!" Reply
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lindamae
Feb 15, 09 4:05 AM CST
Remind you of anything? Credit checks for those applying for a mortgage? Same argument was made to allow those who shouldn't be given a loan. Fiduciary responsibility indicates your maturity and responsibility to take care of yourself. I'd like this type of person in my company. The key word is responsible. Poor credit can be discussed during the interview - if the applicant brings it up since bad things do happen to good people sometimes. I also know some deadbeats who treat their job the same way they treat their pocketbook - poorly. With the economy on the side of the employer - why shouldn't he get the best he can for the job he's paying for? We have to stop making excused for bad behavior. Time to grow up and take responsibility for oneself - and that may mean coming clean with your employer to explain what the problem is. Or do we wait to have the wage garnished? Reply
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IN RESPONSE:
bacimom
Feb 16, 09 8:05 AM CST
I rather hope I never would have to work for you. G=D forbid you ever need a job to pay your bills after being out of work long term, unable to keep up your "responsibilites"
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bacimom
Feb 16, 09 8:03 AM CST
My sister explained all her credit issues to the hiring interviewer at the beginning of the interview (all based on costs due to road death of daughter and grandson). She was told it was all good, was promised a great job, good money; as long as she could quit her temp job and start the next week. She did so and was told by the new companies HR dept.(when she called to verify a start date) that her credit wasn't good enough to have the secretarial job she'd been promised. Coming clean means nothing. I have irregularities I just discovered in my own credit reports that are wrong info given by my previous mortgage administrator. They screwed up by submitting erroneous late payments after a loan mod that had not timely been updated in their computer records. All payments had been made on time but they reported the old loan which had been rolled into the new loan. I have sent all documentation to all 3 agencies and had a lawyer writing the mortgage company but none of the bureaux have even researched my documentation. They just asked the mortgage company if their reporting was correct and were told it was without the mortgage company researching it either. How am I responsible of bad action; unable to refinance, getting interest increases on credit and leaving me liable for the possibility of being unable to get employment if I lose my current job due to downsizing in this market? I have done nothing wrong but my credit has been impacted, my scores reduced and my hirability ruined (since I work in fiduciarily responsible positions). Do not assume that one's credit report has anything to do with one's ability to to a job and I find your comment about wage garnishment insulting. Reply
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