6.4 Credit Checks

More and more employers run credit checks on potential employees and use adverse information when making hiring decisions. Generally, this is not illegal, provided employers give appropriate notice and opportunity to respond to incorrect information. A poor credit history, whether caused by identity theft or by clients themselves, can thus interfere with the ability to get and keep a job. Help clients resolve the credit problem if you can or refer them to other sources of help. As with the denial of a job due to a criminal record, if the credit history is not relevant to the job requirements, its use may raise a Title VII disparate impact claim, so you might want to refer your client to the EEOC.

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.