Credit Records
Examples of inappropriate questions include these: “Have you ever filed for bankruptcy?”; “Have you ever had your wages attached?”; “Are there any judgments against you?”
Such questions have been held to be unlawful when asked prior to a job offer being made. Employers may make an offer of employment contingent upon a credit check, as long as the employer abides by the conditions of all applicable state and federal laws, and can demonstrate
that only those with good credit histories can perform the essential functions of the job.
Also, because some minority groups are economically disadvantaged, their credit histories tend to be adversely affected. Under the disparate impact theory, using credit information to make final employment decisions can be held discriminatory. Again, this is especially true when performance of the job is not affected by the poor credit history of the employee.
Be careful about using credit history. The burden of proof is clearly upon the employer to show a direct relationship between performance of the essential functions of a given job and the credit history of the employee. Be sure to consult your corporate attorney if you believe that credit checks are important to your selection process.
Taken From: 10 Minute Guide to Conducting a Job Interview



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