As more and more individuals face being denied gainful employment due to poor credit history, lawmakers from a growing collection of states across the country are moving to ban the use of credit reports in hiring decisions.
In previous articles, we covered how the practice of utilizing an applicant’s credit history works. Because of liability concerns, many former employers won’t offer much these days besides an employee’s dates of hire and position held. Not a lot to go on if you’re a business owner.
Employers are taking a look at an applicant’s credit histories because they say that a measure of the individual’s honesty, reliability and maturity can be inferred from their past financial management.
The problem is that although there are deadbeats and irresponsible individuals with bad credit, there are also individuals who through no fault of their own have acquired debts resulting from situations completely beyond their control. A child falling ill, a factory layoff, a missed payment or two on student loan…it’s not as though these people went out of their way to place themselves in these situations.
And what happens next? You fall on hard times; you work to get yourself out of them only to find you can’t because no one will hire you based on a poor credit score.
Although an employer needs an applicant’s permission before running a credit check, it still puts a job seeker in a tough spot. Option A, you give permission and offer up information that could hurt your chances of getting a job or Option B, refuse the check and incur suspicion thereby hurting your chances of getting that position.
This has not been lost on state delegates and lawmakers who want to ban credit checks from the hiring process. More and more states are conceiving laws that will open doors wider for those with poor credit history.
16 states from Oregon to South Carolina are all now in varying stages of implementing bills that would effectively ban credit history from being taken into consideration on job applications. A bill encouraging a ban on a national level was introduced by Rep. Steve Cohen from Tennessee in the summer of 2009 and is currently languishing in the purgatory of committee review.
Kirill Reznik is a Maryland delegate who is responsible for drafting a bill in his state currently under consideration. He thinks credit history places an unfair burden on those who want to get back on their feet: “We are in the great recession and this creates a vicious cycle. People lose their jobs, that naturally precipitates them, getting behind on bills, their credit scores go down, they are trying to find a job to pay off bills, and employers won’t hire them because of their credit score.”
Kim Hixson, Wisconsin Rep, said, “If somebody is trying to get a job as a truck driver or a trainer in a gym, what does your credit score have to do with your ability to do that job?”
The counter argument from employers is that the real red flags they are looking for are debt collections and legal judgments on a person’s record rather than school loans and medical bills. Mike Aitken of the Society for Human Resource Management said that a ban would deprive hiring managers of an effective hiring aid.
Aitken was noted for saying that although a faulty record of paying bills on time may not indicate they’re a thief or fraudster, but it could offer insight into whether they have the maturity and responsibility to handle an adult working position.
Kim Hixson disagreed saying that she has never heard of a concrete study that can offer a correlation between poor credit and poor job performance.
What needs to be understood, and I don’t think many of our government representatives are “getting” is that it currently is not legal to use a credit score to determine employment. A pre-employment credit report simply gives an employer an overview on how a person handles their finances. There is no score reported, nor does a check for employment purposes take any points away from a person’s current score.
The concerns of employers are justifiable. They risk damaging their own business not having the tool to assist them in making a smart hiring decision. Granted, while credit reports shouldn’t apply to all positions, they definitely should be made available for positions which deal with money. Would you put someone in charge of your finances who can’t manage their own?





