INTERVIEW EDGE • APRIL 2008

How Credit Checks Can Be Used in Hiring

In today's interconnected world, it often feels like everyone has access to your credit history. But when it comes to using credit information for hiring decisions, there are strict legal restrictions in place.

Credit checks in the hiring process must be directly related to the job at hand. This means that employers should limit inquiries to candidates whose roles involve access to classified information, control over substantial financial resources, or influence over client investments. In essence, the primary concern is the candidate's trustworthiness, especially when handling sensitive data or financial matters. Credit checks are not a blanket requirement for every job; they must be tailored to specific job roles.

However, even when credit checks are justifiable, there are stringent guidelines that employers must follow. One of the key requirements is obtaining informed consent from the job candidate. This consent should be in writing, and the candidate must be fully aware that a credit check will be conducted. Additionally, the credit reporting agency responsible for the check must also be notified of the candidate's authorization. Transparency is crucial in this process, and employers must make sure candidates are well-informed about the credit check.

In the event that a candidate is denied employment based on the information in their credit report, there are further steps that must be taken to ensure fairness and compliance with the law. The candidate must be provided with a copy of the credit report that influenced the decision. This ensures that candidates have the opportunity to review the information that led to their rejection and address any discrepancies.

It's important to note that bankruptcy should not automatically disqualify a candidate from employment. The laws surrounding credit checks prioritize a fair and non-discriminatory hiring process. Employers must consider the context and relevance of the financial information in making their hiring decisions.

Given the complexities of these legal requirements, it is advisable for employers to seek legal counsel or guidance from their state Chamber of Commerce before conducting any credit checks in the hiring process. These regulations can vary from state to state, so it's crucial to stay up-to-date with the specific laws that apply to your jurisdiction. Ensuring compliance not only protects the rights of job candidates but also shields employers from potential legal consequences.