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Are Credit Checks Keeping The Jobless Out Of Work?

Unemployed

First Posted: 10/25/10 07:16 PM ET Updated: 05/25/11 07:05 PM ET

After working for the same railroad for 14 years, never missing a house or car payment, Sammy Bailey says he never expected his credit score to keep him out of a job. But after being laid off in March 2009, he soon found himself unable to make payments on his house and his car, and his credit took a big hit.

"My house payment was $800 a month and my truck was $665 a month, and I was only making about $1200 a month on unemployment," Bailey, 42, told HuffPost. "I couldn't afford to keep up with the payments, lost both the house and the car, and that's what caused my credit score to go down."

Bailey said he applied for a new job at Am-Rail in Kansas City, Missouri, three weeks ago but failed to pass the background check because of his poor credit.

"When they run a credit report on you, I guess the score is supposed to determine what kind of employee you are," he said. "I've had very few jobs in my lifetime, and every job I've had I stuck with for a very long time. Seems like they should go off of you, not your credit score."

While the credit check has long been a routine part of the job application process, experts are wondering whether it's still a fair screening tool in the wake of a recession that has left 15 million Americans unemployed and unable to keep up with their bills.

In a meeting of the Equal Opportunity Employment Commission last week to discuss the use of credit history as a discriminatory barrier to employment, a panel of legal experts and social scientists explained how the screening practice may be harmful and unfair to American workers.

"A simple reason to oppose the use of credit history for job applications is the sheer, profound absurdity of the practice," said Chi Chi Wu, a staff attorney at the National Consumer Law Center. "Using credit history creates a grotesque conundrum. Simply put, a worker who loses her job is likely to fall behind on paying her bills due to lack of income. With the increasing use of credit reports, this worker now finds herself shut out of the job market because she's behind on her bills. This phenomenon has created concerns that the unemployed and debt-ridden could form a luckless class."

According to a survey conducted by the Society for Human Resource Management, 60 percent of all organizations polled said they conducted background checks on applicants, and 17 percent in the Northeast reported that favorable background check results are the most important factor influencing the final decision of whether to hire someone.

Considering the fact that more than half of all working adults in America have either been unemployed, taken a pay cut, had their work hours reduced or become involuntary part-time workers since the beginning of the recession, more and more job applicants are hampered by blemishes on their credit reports in the search for a steady salary.

Enrique Francisco Figueroa, 40, told the Arizona Republic that after missing a few mortgage payments on his home while applying for a loan modification, he was rejected from a job with the Transportation Security Administration based on his credit report. Scarred by the experience, he said he has given up on applying to organizations that conduct background checks.

"Even now, I see myself applying for jobs I am way overqualified for," said Figeroa, who was laid off from his job as a commercial fire-alarm inspector in 2009. "I am applying for warehouse worker (jobs) or bus driver, stuff like that."

Despite the fact that credit checks weed out some candidates like Figueroa whose spotty credit reports are products of the recession, proponents of the screening tool told the EEOC last week that credit checks are a necessary part of the screening process.

Michael Eastman, an executive director at the U.S. Chamber of Commerce, contended that very few employers conduct credit checks at all, and those who do often take individuals' circumstances into account.

"Not all debt is created equal in the minds of employers," he said. "The circumstances under which an $80,000 debt in collection arose may be irrelevant to a credit score, but to an employer the circumstances matter a great deal. It is my experience that employers are much less likely to be concerned with debt that arose as a result of a medical issue, a period of unemployment, or a divorce. On the other end of the spectrum, some types of debt might raise red flags more quickly, such as gambling debt."

The EEOC meeting was the first in a series throughout the year that will examine discriminatory barriers to employment in the wake of the recession.

Have you been rejected from a job due to bad credit? Send your story to LBassett@huffingtonpost.com.

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07:52 PM on 11/17/2010
Hello Laura,
Thank you for addressing this issue. With all the economic issues of the last few years, it’s harder than ever to get qualified for loans (and get jobs—potential employers can check your credit, too). That’s why it’s never been more important to stay on top of your credit with freecreditscore.com. With us you get credit monitoring, e-mail alerts—and you can check your credit score whenever you want!
-- Harris Hunt, Senior Director, Product Management
03:14 PM on 10/28/2010
While I clearly have skin in the game here as VP of the background screening company, Proforma Screening Solutions, it's important to point out some of the other findings of the SHRM survey:

First, only 13% of organizations use employment credit checks. Second, only 9% say favorable credit check results were most influential in their hiring decisions. Third, employers use credit checks primarily for positions with financial responsibility and positions with access to highly confidential information. Finally, 87% said that credit checks are NOT a definitive hiring criterion.

The report contains significant data to indicate that employers are not overly reliant on credit checks and, contrary to what many will have us believe, the poll indicates that the use of credit checks has not increased in the last six years.

Employers have a variety of methods to use in screening potential employees. Employers have a right and an obligation to use background checks to demonstrate reasonable care in the hiring process. Credit checks are just one of the methods employers can use. Just one. It rarely makes sense for employers to base their entire hiring decision on the results of a credit check alone. That said, credit checks can provide valuable insight which, when taken with other methods, can help the employer better understand the totality of an individual.

Read more of our opinion on this topic and view the SHRM study in our recent blog post: http://www.proformascreening.com/blog/2010/10/background-credit-check/
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HUFFPOST SUPER USER
Marie Russell-Barker
Grandmother, Greatgrandmother.
01:20 PM on 10/28/2010
Although I am retired and not looking for employment in today's job market. I can see how this is another way of discriminating toward those who are seeking employment. What I don't understand is what bad credit have to do with let's say unloading a truck as a matter of fact what does it have to do working in a bank.

Those who have a not so good credit have no barring on anyone being or doing a good job for the employer or that they are any more likely to steal from the employer any more that some one with good credit a thief can have excellent credit history and still be a thief.

No employer should have the privilege of being able to get those who put in an application credit records this should be prohibited by law. As a citizens we will keep fighting until this injustice is made to be a thing of the pass.
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HUFFPOST SUPER USER
Opinionated1111
07:42 PM on 10/27/2010
Part Two

I've NEVER figured out - why ONLY THREE major credit bureaus - make financial conclusions (and are ALLOWED TO DO SO).....FOR 360,000,000 PEOPLE??????????
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Lawson Meadows
Plant in your kids, the seeds of greatness!
03:10 AM on 11/01/2010
Opinionated1111,

Does seem as if there is too much power consentrated in the tight fists of the faceless and heartless - if you ever try to get a mistake corrected - guardians of the financial gates. But... there is virtually nothing you can do about it, except Google "Dave Ramsey"... really!

Lawson Meadows
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HUFFPOST SUPER USER
Opinionated1111
07:40 PM on 10/27/2010
The three major credit reporting agencies in this country - EXPERIAN - EQUIFAX - TRANS UNION...HAVE TOO MUCH POWER IN THIS COUNTRY - TO DECIDE WHO IS 'CREDITABLE' AND WHO IS NOT!!

90% of the people are hardworking, honest, sincere people who try to pay their bills and keep their heads above water - mostly honest and are trying to do their best - under whatever circumstance they find themselves....

10% of the people - the ones who GIVE a bad name to the other 90% - they live on credit - over-extend themselves (because more, bigger and better is what it is all about) - file bankruptcy on a regular basis so they don't have to pay their debts and be accountable - and they don't care about anyone else - they are mostly shysters, cheats and connivers - are greedy and covetous - and make their own circumstances - by screwing everyone else over......

And somehow - it is the 10% that seem to come out ahead - of the 90% who are worthy....and with the manipulation of money AND schemes that always make them more money- they DON'T NEED CREDIT - because they have millions - and can afford a cash lifestyle if they want it....and they don't have to worry about 'getting' a job - but the way they 'play the game' makes everyone in that OTHER 90% vulnerable..........

I've NEVER figured out - why ONLY THREE major credit bureaus - make financial conclusions (and are
07:17 PM on 10/27/2010
So the employers CREATE the debt failiures by firing workers and then they tell them it is their fault and they will not be rehired?

George Washington fought and killed guys who were better than that.
04:15 PM on 10/27/2010
I've been in the credit game for 20 years and I can tell you one thing: Credit Scoring is a farce. It was the engine that ruined our economy. Lazy lenders used scores in lieu of real analysis and all of us have paid dearly for it. Now ask yourself, if the pro's have problems reading and interpreting credit reports, how can novices use these same reports to deny employment? First of all, there isn't a shred of empirical evidence that these reports are useful to determine a prospective employees value.

I have literally reviewed thousands of reports in my lifetime and typically those with poor credit histories are people who have had situational credit problems due to a lack of health insurance, usurous interest rates, or they've been laid off. Most, but not all, people, want to pay their bills on time, however, the game and its rules are stacked against the consumer. It's the old Catch -22 and it should be illegal. Here's a suggestion to all of these lazy employers, verify past employment and references.....but I guess thats much more difficult than pulling a credit report.
03:14 PM on 10/27/2010
Yes! Employers are MOST DEFINATELY checking credit. And after this particular bad spate of economic woes, it's like a physician refusing to treat people because they are and have been sick.
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HUFFPOST SUPER USER
Jim Marusak
free-agent meteorologist
01:13 PM on 10/27/2010
has anyone thought of maybe restricting more who can credit report, much less what it can be used for? what about making it illegal for the credit reporting companies to show anyone besides yourself your credit report except in the case of national security (which would take proper paperwork from the federal department asking for it), criminal investigation (where a search warrant would be required with normal 4th amendment standards), positions that relate to actual handling significant sums of money (cash register at the target or walmart or a waitress at applebees is not enough, it has to be manager or higher), or actual financial loan or rental applications (where only the banks or potential rentees will handle the reports, with restrictions that any dissemination outside of the bank or rental office outside the person whose name on the report would result in felony sanctions). any other sale of a credit report (whether for pre-employment checks for positions not handling significant amounts of money directly, to telemarketers and credit card companies so send out credit card apps like candy (not much of a problem attm, but may be again in the future)) would be considered felony offenses.
make the credit report again what it was intended for, not what's been bastardized into.
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HUFFPOST SUPER USER
ScarlettMocha
The Truth is Relative, relatively speaking
04:17 PM on 10/27/2010
very good ideas, so good, they probably won't be considered.
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HUFFPOST COMMUNITY MODERATOR
PJ M
12:11 PM on 10/27/2010
Support “H.R.3149 - Equal Employment for All Act

To amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions”””
11:17 AM on 10/27/2010
Why shouldn’t companies use credit scores as a means for hiring?

Hiring an employee is time consuming and costly. Firing a bad one can be even more so. Companies want as much relevant information as possible when making the decision to hire.

Thirty years ago, credit use wasn’t nearly as widespread, so using a credit score as a litmus test wasn’t practical. Nowadays, consumer debt is mainstream. Consumers willing put their own personal reputation on the line when they borrow money. A credit score an effective way to measure that reputation as a borrower.

Why, as an employer, would I want to hire someone who has proved to be more financially responsible than someone else? It’s the same reason I want them to have a Bachelor’s Degree for my entry-level office job I’m trying to fill, whereas twenty years ago a High School diploma would have sufficed. I don’t require a degree because I feel the quality of a college education has drastically improved, that’s for sure. The bottom line is that I have 500 applicants applying for the same job and I have to thin the herd somehow. I want responsible people who follow through on their promises working for me. I know there are many good people out there fitting this description who lack degrees or solid credit scores, but like I said, it’s a competitive job market.

Fortunately, a bad credit score can be built back up over time, just as a degree can be earned.
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HUFFPOST COMMUNITY MODERATOR
PJ M
12:14 PM on 10/27/2010
Let me guess, you won't hire the unemployed either ....
01:01 PM on 10/27/2010
I would hire someone who is unemployed in a heartbeat over someone who is currently employed but let their massive credit card debt go to collections because they could no longer afford the lifestyle they charged up. For me, being currently unemployed is not an indicator of a lack of responsibility. Not having a clue of how to manage personal finances is.

I actually support H.R.3149 and have supported similar measures in my own state. I feel people whose credit has been impacted by measures out of their control, such as large medical bills, need to be protected. If that means also protecting people that are straight up foolish with their financial responsibilities, so be it.

Having said that, if I could legally hire someone who I knew made every effort to protect their credit versus someone that had a history of abusing it, well it would be an obvious choice for me.
04:33 PM on 10/27/2010
Credit was being used 30 years ago....this isn't a new concept and it was in the mainstream. Consumer debt as we know it started right before WWII. GMAC and Diners Club, if I remember right. Also, the score isn't any of your business, and is misused if it is the only metric that is reviewed. Trust me a bad score can destroy a persons life, no matter the cause. The score was developed by Fair Isaac, and the algorithm that they use is a corporate secret that they will never divulge. This is big brother on steroids. The truth is that you would never pull a report on Sr. management or someone that you are recruiting because they will tell you to pack sand. In other words, they have equal bargaining power unlike low level employees. Also, did you know that there's a medical report that is akin to a credit report? Insurance companies pull these reports to underwrite life insurance policies etc....Now, I know for a fact that it is illegal for employers to pull these reports under HIPPA. However, I would counter that these reports would actually be more valuable than ones credit. last thing I want is an employee who jacks up my health insurance costs or who is always out sick. However, since I respect prvacy I have no problems with not knowing everything about them. In other words, I am willing to take the risk.
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stargazer13
To Love One Is To Love All
12:35 AM on 10/27/2010
credit checks are keeping people from renting that,s for sure !!
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HUFFPOST SUPER USER
Steft50
United we Stand - Divided we fall - We are so divi
10:45 PM on 10/26/2010
I'm totally screwed then. I do accounts receivable, was layed off due to company closure, (nothing to do with the economy but supplier mergers) and my credit sucked then. Twice my credit has taken a nose dive, once the last few years when I lost part of the income I used to pay bills, and once more than 10 years ago when a. spousal unit retired from military and b. decided the inside of a bottle was more appealing than holding a job. Now being unemployed and so far unable to gain a new position, I'm unable to continue paying what I was paying to get myself above water again, horrible viscious circle. I'll never ever ever use credit for anything ever again.
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HUFFPOST COMMUNITY MODERATOR
PJ M
04:58 PM on 10/26/2010
I will ventute that AIG's credit blew the bears and they got how millions/billions of taxpayer dollars ...
04:21 PM on 10/26/2010
You gots yourself two problems here. First, opening a business today is such a huge bureaucratic nightmare that many of the unemployeed who could and SHOULD be entrepreneurs in a sane country can't, or won't, in this one.

Second, employment law and case law has made it so onerous to fire someone that hiring is now a huge risk. Note that it is a risk both for the company AND for the professional reputation of the hiring manager. Employment and case law have also made it very risky, foolish, and in many cases illegal, for the potential employer to ask the kind of probing questions that get to the heart of all the issues that every decent manager knows are the main determinants of whether an employee is going to go wrong.

As a result, companies are incredibly picky and seek every way imaginable to to find some bit of information that will act at least as a proxy for what they really want to know. Companies would rather let a critical job sit vacant for months rather than hire someone who is less than gold plated because... Because they know that if it really doesn't work out well there is a huge ration of poodle-noodles to be gone through before Mr. "just give me a chance" can be jettisoned.

Makes it hard on the kids. Makes it's doubly hard on the kids because all the time used to develop them is also used against you.
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ghostrider57
Unable to find reality.sys Universe halted
10:56 PM on 10/26/2010
You have never had a job in a "hire at will state" have you?
04:36 PM on 10/27/2010
Employment at will is the law in California and no reason needs to be given. So your rant is without foundation...