Tag Archives: credit reports

Bill Restricting New Jersey Employers from Requiring Employment Credit Checks on Job Applicants Moves Closer to Law

By Thomas Ahearn, ESR News Blog

A bill that would restrict employers in New Jersey from requiring credit checks as a condition of employment is advancing toward law, according to a news release from the Assembly Democrats web site.

Bill A-3238 – sponsored by Assemblyman Ruben J. Ramos Jr. and Assemblywoman Cleopatra Tucker – prohibits an employer in New Jersey from requiring a credit check on a current or prospective employee as a condition of employment, unless the employer is required to do so by law or reasonably believes an employee has engaged in a specific activity that is financial in nature and constitutes a violation of law.

Under the bill, credit checks would be allowed for:

  • A managerial position which involves setting the financial direction or control of the business;
  • A position which involves access to customers’, employees’, or employers’ personal belongings or financial information, other than information customarily provided in a retail transaction;
  • A position which involves a fiduciary responsibility to the employer, including, but not limited to, the authority to issue payments, transfer money or enter into contracts or involves leases of real property;
  • A position which provides an expense account for travel; or
  • A law enforcement officer for a law enforcement agency in this state.

The bill also prohibits an employer from requiring a prospective employee to waive or limit any protection granted under the bill as a condition of applying for or receiving an offer of employment.

In addition, the bill provides for the imposition of civil penalties in an amount not to exceed $5,000 for the first violation, and $10,000 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development.

As reported earlier on the ESR News Blog, credit checks for employment purposes have become a controversial subject as job seekers look for work in a tough economy are caught in a “Catch-22” situation where they have bad credit because they cannot get a job but cannot get a job because they have bad credit.

As a result, the U.S. Equal Employment Opportunity Commission (EEOC), the EEOC held a public Commission meeting on October 20 to hear testimony on the growing use of credit histories of job applicants as selection criteria during employment background screening to see if the practice is discriminatory in any way. More information on the EEOC meeting may be found at http://www.eeoc.gov/eeoc/meetings/10-20-10/index.cfm.

For more information about employment credit checks, visit ESR News Blog section on ‘Credit Reports’ at http://www.esrcheck.com/wordpress/tag/credit-reports/.

Employment Screening Resources (ESR) is the company that wrote the book on background checks with ‘The Safe Hiring Manual’ by ESR founder and President Lester Rosen. ESR is recognized as Background Screening Credentialing Council (BSCC) Accredited by the National Association of Professional Background Screeners (NAPBS®) for proving compliance with the Background Screening Agency Accreditation Program (BSAAP). For more information about Employment Screening Resources, visit http://www.ESRcheck.com.


SHRM Tells EEOC Credit Checks Are Legitimate Background Screening Tool at Recent Public Meeting

By Thomas Ahearn, ESR News Blog

According to a news story on the Society for Human Resource Management (SHRM) website – “SHRM: Credit Checks Are Legitimate Screening Tool” – a representative for SHRM told the U.S. Equal Employment Opportunity Commission (EEOC) during a public hearing on October 20, 2010 that the federal government should not eliminate an employer’s use of credit histories to help make decisions about job candidates.

The representative, in prepared comments, said that “SHRM believes there is a compelling public interest in enabling our nation’s employers – whether that employer is in the government or the private sector – to assess the skills, abilities, and work habits of potential hires.” In addition, the representative said credit history is one of many factors – including education, experience and certifications – that employers use “to narrow that applicant pool to those who are most qualified.”

The SHRM representative pointed out Human Resources (HR) typically conducts a background check on the job finalist or group of finalists before making a job offer, and that background check might include checking personal references, criminal history, and credit history depending on the employer and the position to be filled.
Citing the Fair Credit Reporting Act (FCRA) of 1970 and the Civil Rights Act of 1964, the representative said SHRM believes “employees already have significant federal protection for the misuse of background checks.”
Recent SHRM Research Department data on the use of employer background screening practices was also referenced at the meeting. Among the findings:

  • Just 13 percent of employers surveyed conducted credit checks on all job candidates while another 47 percent consider credit history for candidates of select jobs.
  • Employers generally conducted credit checks only for certain positions, including jobs of financial or fiduciary responsibilities (91 percent), senior executive positions (46 percent) and positions with access to confidential employee information (34 percent).
  • Among employers that used credit checks, 57 percent initiated them only after making a contingent job offer and 30 percent initiated them after the job interview.
  • Four out of 10 employers surveyed did not conduct credit checks.

The EEOC heard public comment from SHRM and others to determine the extent of the practice of using credit checks during the background screening of job candidates, the effectiveness of its intended purpose, and its potential impact on different populations.

More information about the EEOC public meeting can be found at: http://www.eeoc.gov/eeoc/meetings/10-20-10/index.cfm

Employment Screening Resources (ESR) literally wrote the book on background checks with ‘The Safe Hiring Manual’ by ESR founder and President Lester Rosen. ESR is recognized as Background Screening Credentialing Council (BSCC) Accredited by the National Association of Professional Background Screeners (NAPBS®) for proving compliance with the Background Screening Agency Accreditation Program (BSAAP). For more information about Employment Screening Resources, visit http://www.ESRcheck.com.


EEOC Public Meeting Explores Use of Credit Histories of Job Applicants for Employment Background Screening

By Thomas Ahearn, ESR News Blog

According to a press release from the U.S. Equal Employment Opportunity Commission (EEOC), the EEOC held a public Commission meeting on Wednesday, October 20 to hear testimony from representatives of various groups, social scientists, and the Federal Trade Commission (FTC) on the growing use of credit histories of job applicants as selection criteria during employment background screening.

The EEOC Chair commented that the discussion provided important input into EEOC’s work to ensure that “the workplace is made free of all barriers to equal opportunity.” She also said that as a result of high unemployment forcing more people into the job market, an increasing number of job applicants are exposed to employment background screening tools such as credit checks that could unfairly exclude them from job opportunities. 

The Commission heard from a diverse set of experts, including one from the National Consumer Law Center (NCLC) who expressed concerns that the use of credit histories creates a “Catch-22” situation for job applicants during the current period of high unemployment and high foreclosures, both of which have negative impacts on credit. Others explained using credit histories for employment purposes can have a disparate impact on protected groups, including people of color, women, and the disabled. 

Representatives from the business community – including the U.S. Chamber of Commerce (USCC) and the Society for Human Resources Management (SHRM) – told the Commission that the use of credit histories is permissible by law, limited in scope, and predictive in certain situations of reliability. A recent survey from SHRM revealed that 13 percent of organizations conduct credit checks on all job candidates and another 47 percent consider credit history for selected jobs. Also, it is the experience of SHRM member companies that few organizations utilize credit histories for every job opening. 

However, an industrial psychologist said that there is little research exploring the implications of using credit checks in the employment context and – given the potential for discriminatory exclusion – he concluded that it would be wise to use an applicant’s credit history only within the context of a thorough background check.

The statements of all the panelists at the meeting, along with their biographies, can be found on the EEOC website at http://www.eeoc.gov/eeoc/meetings/10-20-10/index.cfm. A complete transcript of the testimony will be posted later.

For more information about employment background checks, visit Employment Screening Resources (ESR) at http://www.ESRcheck.com.


Hot Off the Press: EEOC To Hear Testimony on Employer Use of Credit Reports as Background Screening Tool at Open Meeting on October 20

By Thomas Ahearn, ESR News Blog

The Equal Employment Opportunity Commission (EEOC) has announced it will hold a meeting Wednesday, October 20, 2010 to hear testimony about employer use of credit reports as a background screening tool and to investigate the practice of using credit histories as employment screening devices.

According to various news releases and news reports, some of the testimony aims to clear up some common misperceptions about the use of employment credit reports by employers, including a common misperception that employment credit reports include a credit score.

The House Financial Services Committee conducted a hearing in September to discuss the Equal Employment for All Act (H.R. 3149), a bill aimed at severely limiting the use of credit checks on employees that would amend the Fair Credit Reporting Act (FCRA) to make it unlawful to discriminate against job applicants based on consumer credit reports. The Equal Employment for All Act would make it unlawful to base adverse-employment decisions against job applicants and current employees on consumer credit reports.

The EEOC last held a meeting on credit checks in 2007. No action was taken. The meeting on Wednesday, October 20, 2010 will be held at 9:30 A.M. Eastern Time in the Commission Meeting Room on the First Floor of the EEOC Office Building, 131 “M” Street, NE, Washington, D.C.

The Employment Screening Resources (ESR) News Blog has several previous posts dealing with the issue of employers using employment credit reports during background screening. As reported before on the ESR News Blog, several states have already passed laws restricting the use of credit checks in hiring: 

ESR has long taken the position that employers should proceed with caution with using applicant and employee credit histories in the background screening process and not use employment credit reports unless they can clearly articulate a business justification, which normally means that that the job applicants or current employees have or will hold “sensitive” positions in which they may handle money or have access to personal data.

ESR also co-authorized a white paper with LexisNexis, “The Use of Credit Reports
in Employment Background Screening – An Overview for Job Applicants,”
on the protections applicants have when it comes to credit reports and the fact that credit reports do not contain credit scores. To read the white paper, visit: http://www.napbs.com/files/public/Consumer_Education/Credit_Reports_for_Background_Screening.pdf

For more information about background checks, visit Employment Screening Resources (ESR) at http://www.ESRcheck.com.


Credit Report Case Demonstrates Challenges in Reporting OFAC Terrorist Information in a Background Screening Report

A case involving a consumer credit report used in an automobile purchase demonstrates the potential dangers of terrorist database searches commonly used by background firms. This appears to be the first case in the nation dealing with use of terrorist databases by credit bureaus under the federal Fair Credit Reporting Act (FCRA), and provides guidance for the use of such information by Consumer Reporting Agencies (CRAs), which includes both credit bureaus and background screening firms. Continue reading

CA Governor Schwarzenegger Vetoes Bill Limiting Use of Credit Reports for Employment Background Checks

By Thomas Ahearn, ESR News Blog

To the relief of a number of California employers, California Governor Arnold Schwarzenegger has vetoed a bill passed by the California Legislature– AB 482 – that would have limited the use of credit reports by employers during employment background checks.

Assembly Bill (AB) 482 would have prohibited employers from using credit checks for employment purposes, except in limited circumstances.  In his “veto message” to the members of the California state assembly, the Governor stated that he vetoed the bill because existing law already provided protections for employees from improper use of credit reports and that the bill would “significantly increase the exposure for potential litigation over the use of credit checks.”

The Governor’s veto message is available on a Legislative Update press release at http://gov.ca.gov/press-release/16065/:

To the Members of the California State Assembly:

I am returning Assembly Bill 482 without my signature.

This bill would prohibit an employer from using a consumer credit report for employment purposes with certain exceptions.

This bill is similar to legislation I have vetoed for the last two years on the basis that California’s employers and businesses have inherent needs to obtain information about applicants for employment and existing law already provides protections for employees from improper use of credit reports. As with the last two bills, this measure would also significantly increase the exposure for potential litigation over the use of credit checks.

For these reasons, I am unable to sign this bill.


Arnold Schwarzenegger

The use of credit reports by employers during employment background checks has become a very controversial subject. Several states have limited the use of credit reports for employment purposes and a federal bill seeks to ban credit report checks for most employment screening.

The Employment Screening Resources (ESR) News Blog has posted several articles on the use of credit repots during employment background checks:

However, ESR has also written about how ‘Credit Reports of Job Applicants May Not Always Be So Important To Employers’ to address concerns of applicants who are concerned how their damaged credit would affect their job searches. Employment credit checks are not as common as most people think.

According to a recent survey from the Society for Human Resource Management (SHRM), while 60% of organizations performed some type of credit report checks on job candidates, only 13% conducted credit report checks on all job candidates and 47% of organizations performed credit report checks on selected job candidates, mostly for executive positions or positions with financial responsibility or access to confidential or proprietary information.

For more information on background checks and credit reports, visit Employment Screening Resources (ESR) at http://www.ESRcheck.com.


Credit Reports of Job Applicants May Not Always Be So Important To Employers

Employment Screening Resources President Lester Rosen Quoted on SFGate.com

By Thomas Ahearn, ESR News Blog Writer

Recently, a blog on SFGate.com by Personal Finance Authority Erica Sandberg – Can you get a job with bad credit? The answer may surprise you. – addressed a reader who was concerned how her damaged credit would affect her job search.

In her blog, which contained an excerpt from a column she wrote on CreditCards.com, Sandberg indicated there are “many myths surrounding credit reports and employment” and that to “get to the bottom” of how credit reports are really being used she spoke with Lester Rosen, CEO of Employment Screening Resources (ESR), a consumer reporting agency (CRA) and human resources consulting firm based in the San Francisco area.

In the blog, Rosen had the following to say about credit reports of job applicants being used for employment purposes:

  • Employers don’t randomly access credit reports from all job applicants. They only do so for those who are solid candidates.
  • If they are pulling a credit report, congratulations! They are doing a background check, and that is good news, as they are seriously considering the applicant for the position. They won’t run it before the applicant is a finalist.
  • Credit reports aren’t checked for all occupations or industries. Most employers are looking at credit reports for people applying for positions that are clearly related to finance or have access to cash or credit. They usually don’t access credit reports for people applying for minimum wage jobs.
  • The only way an employer can pull an applicant’s credit report is with the applicant’s permission. Therefore, if the employer asks, the applicant should head over to the human resources department and explain his or her particular situation.
  • A potential boss does not have access to the same type of reports that lenders do. The credit reports employers can see never include credit scores or list dates of birth. All they can view is an applicant’s credit history.
  • If applicants are concerned about how these credit report pulls may harm their credit report further, they can relax. Unlike when a prospective creditor checks it, no “inquiry” will be listed.

As for the real impact of a job applicant’s credit damage, Rosen recommends in the blog that they should not worry about even that too much.

“Our experience is that employers are very sensitive to the fact that credit reports are not perfect. And everyone in the world knows there is a recession, and employers take that into consideration. It’s a misconception that people are being blacklisted because of their credit reports. However, if the employer does makes an adverse decision based on your report, you have a right to know about it and get a copy of the report they used.”

The gist of the story, according to Sandberg, is that credit reports may not be as powerful and important as job applicants may think, and that chances are some employers will be willing to give applicants with debt problems a break if they really want to hire them.

For more information on the use of credit reports in background checks of job applicants, visit Employment Screening Resources (ESR) at http://www.ESRcheck.com.

FTC Proposes Revisions to Notices Consumer Reporting Agencies Provide to Consumers, and Users and Furnishers of Credit Report Information

By Thomas Ahearn, ESR News Blog Writer

According to a news release on its website, the Federal Trade Commission (FTC) is proposing revisions to the notices that consumer reporting agencies (CRAs) provide to consumers, and also to users and furnishers of credit report information under the Fair Credit Reporting Act (FCRA). The proposed changes are designed to reflect new rules that the FTC has enacted under the Fair and Accurate Credit Transactions Act (FACT Act or FACTA) of 2003, and to make the notices more useful and easier to understand.

In addition to revising the general Summary of FCRA Rights notice (“A Summary of Your Rights Under the Fair Credit Reporting Act”) which informs consumers how to obtain a free credit report and dispute inaccurate information in credit reports, the FTC also is proposing improvements to the notices that credit reporting agencies provide to users and furnishers of credit report information.

The User Notice (“Notice to Users of Consumer Reports: Obligations of Users Under the FCRA”) and Furnisher Notice (“Notice to Furnishers of Information to Consumer Reporting Agencies: Your Obligations Under The Fair Credit Reporting Act”) inform users and furnishers of their obligation to provide certain protections to consumers.

The text of the Federal Register Notice is at: http://www.ftc.gov/os/fedreg/2010/august/100816fcranotice.pdf. A brief summary of some proposed revisions for each of the three notices includes the following:

  • A. Summary of Rights: The FCRA requires the Summary of Rights to include an explanation of (1) the consumer’s right to obtain his or her consumer report; (2) the frequency and circumstances under which a consumer may receive free consumer reports under the FCRA; (3) the right of a consumer to dispute incorrect or outdated information in his or her consumer report; and (4) the right of a consumer to obtain a credit score. With respect to a consumer’s right to dispute information in his or her consumer report, on July 1, 2009, the Commission and other federal regulatory agencies issued the Furnisher Direct Dispute Rule, which took effect on July 1, 2010. Prior to the effective date of this Rule, under the FCRA, consumers had a right to dispute the accuracy of information in their consumer reports only by filing a dispute with a CRA. Under the Furnisher Direct Dispute Rule, consumers may dispute the accuracy of information in their consumer report directly with the furnisher of that information as well as the CRA. The proposed revised Summary of Rights reflects this additional dispute right.
  • B. Furnisher Notice: The proposed revised Furnisher Notice reflects the new duties of furnishers set forth in the Furnisher Direct Dispute Rule described above. It also reflects new duties contained in the Furnisher Accuracy Rule, which became effective on July 1, 2010. The Rule requires furnishers to establish policies and procedures to ensure the accuracy and integrity of the consumer report information they furnish to CRAs, and to consider the guidelines prescribed by the agencies in establishing these policies and procedures.
  • C. User Notice: The proposed revised User Notice reflects the new duties of users set forth in several of the rules finalized pursuant to the FACT Act. 1.) First, effective January 1, 2011, the Risk-Based Pricing Rule will require users of consumer reports to provide risk-based pricing notices in certain circumstances if they extend credit to a particular consumer on less favorable terms than those they offer to others. As an alternative to providing risk-based pricing notices, the Rule permits such users to provide consumers who apply for credit with a free credit score and information about their credit score. 2.) Second, if a CRA notifies a user of consumer reports that the address the user provided about a consumer is different from the address in the consumer report, the Address Discrepancy Rule, which became effective on January 1, 2008, requires the user to implement reasonable procedures to verify that the consumer report relates to the correct consumer. Users of consumer reports that verify the address is accurate, and that regularly furnish information to the CRA, have additional responsibilities under the Rule. 3.) Finally, the Medical Information Rules, which became effective on April 1, 2006, prescribe the circumstances under which creditors may obtain, use, and share medical information.

In addition, the revisions will improve the clarity, readability, and usefulness of the documents for consumers, furnishers, and users. These notices – originally issued in 1997 and revised in 2004 – are further examples of how the FTC works for consumers to prevent fraudulent, deceptive, and unfair business practices. 

The FTC is accepting public comments on the proposed changes until September 21, 2010 at the following link: https://ftcpublic.commentworks.com/ftc/fcrarevisednotices/

Employment Screening Resources (ESR) will keep its clients advised of any new language and will adjust reports and forms accordingly. For more information, visit http://www.ESRcheck.com


CNN and WSJ News Stories Show Background Checks Occur at Intersection of Security and Privacy

By Lester Rosen, ESR President & Thomas Ahearn, ESR News Blog Writer

Recently, two news stories about background checks from very different angles appeared in two major media outlets – CNN and the Wall Street Journal (WSJ) – on the same day.

The CNN story – “Investigation: Could background check have prevented alleged rape?” – investigated why British Petroleum (BP) and a company used to hire cleanup workers for the recent oil spill in the Gulf of Mexico did not perform basic background checks.

According to the CNN story, this lack of background checks for oil cleanup workers led to a sex offender landing a job and then allegedly raping a co-worker. A CNN investigation into the incident revealed that basic background checks were not performed on those hired to remove oil from the beaches in Mississippi.

A County Sheriff in Mississippi told CNN he learned from the head of BP security that no background checks were conducted on the cleanup workers and that he warned the BP official that BP risked the criminal element looking for jobs and they would not know who they were dealing with if they did not do background checks. The Sherriff also said that, if asked, his department would have performed the background checks for free.

The 41-year-old suspect – who faces charges of sexual battery and failure to register as a sex offender – has a criminal history dating back to 1991. He was put on the national sex offender registry for a 1996 conviction for contributing to the delinquency of a minor and was also on probation after being convicted in 2003 for cruelty to children, CNN reports.

While the CNN story shows the need for background checks for security reasons, a WSJ law blog – “Background Checks in Hiring: Discrimination or Due Diligence?” – asks if employers can disqualify job applicants simply for having a criminal past and finds the answer may not be so clear cut, at least according to a story by the Associated Press (AP).

The AP reports the Equal Employment Opportunity Commission (EEOC) is arguing that the practice of employers disqualifying applicants with criminal records or bad credit history may be discrimination since those applicants are “disproportionately black or Latino.” The WSJ law blog also quotes the AP story to show that employers using a blanket refusal to hire applicants with criminal records could risk going against federal employment law:

If criminal histories are taken into account, the EEOC says employers must also consider the nature of the job, the seriousness of the offense and how long ago it occurred. For example, it may make sense to disqualify a bank employee with a past conviction for embezzlement, but not necessarily for a DUI.

The AP also reported that the EEOC filed a class-action discrimination lawsuit against a Dallas-based events planning firm in 2009, alleging that the firm “used credit history and criminal records to discriminate against blacks, Hispanics, and males.”

The two news stories read back to back – one in which the failure to do a background check possibly led to a preventable crime, the other questioning if background checks using credit histories and criminal records are discriminatory – could leave employers wondering how much background checking is too much and how much is too little.

These two stories – appearing on the same day from major news organizations but with vastly different angles – underscore the point that background checks occur at the intersection of security and privacy. On the one hand, background checks can promote safety, security, and honesty while lessening the chance for workplace violence or the hiring of unqualified workers with fake credentials. On the other hand, employers using background checks should be concerned with issues of fairness and privacy while combating discrimination.

The solution for employers is reaching the right balance in their background check program.

For more information about background checks, visit Employment Screening Resources (ESR) at http://www.ESRcheck.com.



New Illinois Law Prohibits Pre-Employment Credit Checks on Most Job Applicants

Most job applicants and employees in the state of Illinois with less-than-stellar credit histories will soon not have to worry about employers running credit checks on them, as the state has joined Hawaii, Oregon, and Washington in passing a law limiting the use of credit reports by employers for employment screening background checks.

According to a press release from the State of Illinois news page at Illinois.gov, Governor Pat Quinn signed a bill into law that prohibits Illinois employers from discriminating based on the credit history of job seekers or employees. The new law – which takes effect on January 1, 2011 – removes a significant barrier to employment for jobseekers whose credit history has been affected by the greatest economic recession since the 1930’s.

Illinois House Bill 4658 creates the “Employee Credit Privacy Act,” which prohibits employers from inquiring about or using an employee’s or prospective employee’s credit history as a basis for employment, recruitment, discharge, or compensation. Employers who violate the new law can be subject to civil liability for damages or injunctive relief.

The new law, according to a quote from Governor Quinn in the press release, “will stop employers from denying a job or promotion based on information that is not an indicator of a person’s character or ability to do a job well.”

However, while the “Employee Credit Privacy Act” forbids employers from inquiring about an applicant or employee’s credit history or obtaining a copy of their credit report, the law does not affect an employer’s ability to conduct a thorough background check that does not contain a credit history or credit report. In addition, under the new law, employers may access credit checks under limited circumstances, including positions that involve:

  • bonding or security per state or federal law;
  • unsupervised access to more than $2,500;
  • signatory power over businesses assets of more than $100;
  • management and control of the business;
  • access to personal, financial or confidential information, trade secrets, or state or national security information.

According to the press release, pre-employment credit screenings are on the rise throughout the nation, as recent surveys by the Society for Human Resources Management (SHRM) found that 60 percent of employers run a credit check on at least some applicants, an increase from the 42 percent in 2006 and 25 percent in 1998.

More specifically, the SHRM surveys found that 13 percent of organizations performed credit checks on all candidates while 47 percent performed credit checks on selected job candidates, mostly for positions with fiduciary and financial responsibility such as handling cash, banking, and accounting.

For more information on the use of pre-employment credit checks by employers, and to keep up to date on the latest changes in laws pertaining to background checks, visit Employment Screening Resources (ESR) at http://www.ESRcheck.com.