How would a law barring employers from checking credit history fare?
Have you known anyone denied employment solely on the basis of credit? I am interviewing for a position which I know I am well qualified, but I am concerned about my credit background. I have already been denied an apartment and I would imagine that an employer would use the same criteria. If I do not receive the position, I will ask whether it was due to my credit history. If my credit history was the only thing holding me back, then I would begin writing my representatives imploring them to pass a law making "bad debtors" a protected class (like race, sex, religion, national origin), and thus employers cannot discriminate on that basis. The rationale for the law is as follows: a job seeker is seeking a better job in order to improve his situation and his credit. Denying him the opportunity would give him no hope. He may very well resort to robbing a bank. Starting a business for him would be equally as difficult, since he wouldn't be able to raise capital.
Public Comments
- I was in this situation 5 years ago; thankfully I was able to threaten action on the premise and case law of Sarker v South Tees Acute Health Service on the basis that an offer of employment was wrongfully withdrawn after I had resigned my current role. The reason for the withdrawal was that the Bank I had applied for employment to, had found out about my adverse credit. Yet they clearly stated in their offer letter, that my job was only conditional upon the references given by former employers, and NOT any earlier financial irregularity which they discovered when it was too late for me to rescind my resignation. The Bank LOST!
- Unfortunately, there are lots of human resource data that shows the productivity of employees and reliability of employees and honesty of employees can be statistically shown to have a direct correlation to their credit-worthiness. The government is not going to pass legislation that forces private industry to increase their exposure or risk by removing that as a valid criteria. Your best bet if you are applying for a job that does a background check is to be honest with the interviewer about the blemish on your credit report and any mitigating information you may have to offer such as you have made payment arrangements to pay-off the bad debt or it occurred because of an inability to work because you had to take care of your sick parent until you could get some social services assistance for them or whatever else led to the bad debt. Tell them that is all behind you and that you are looking forward to resolving that issue while proving your worth to their company. Good Luck!
