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Q: Does an organization have the right to run a credit check on me? If the credit check is “negative,” can the firm refuse to hire me on that basis alone?

A: Yes, the organization has the prerogative to run a credit check. Employers must disclose to employees or job candidates, in a separate document that consists solely of this disclosure, that a credit report may be obtained. In addition, the employer must obtain the written authorization of the applicant or employee to obtain their credit report. Organizations must tell applicants and employees in writing that a credit check will be run. Credit reference checking should only be done for job related purposes. An example would be a credit check would be relevant in the hiring of a bank teller, however it would not be for a word processor.

If the applicant or employee requests a copy, a copy of the credit report must be given to the individual when it is received by the employer. Most organizations have a statement on the application form that a credit check may be run and that a good credit rating may be a condition of employment. If adverse action is taken as a result of the credit report the employer must provide notice and a copy of the credit report to the affected individual.


New posters required for 2010 revised FMLA & ADAAA


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