| There are many things employers
cannot ask for under equal employment opportunity laws, but your
personal credit history is not one of them. Many employers, including
some security companies, banks and municipalities request applicants
to sign a waiver authorizing them to do background checks, which
sometimes includes pulling a credit report either to initially obtain
a job or when applying for a promotion. Employers do this for various
reasons. They could be checking to see if your debt load is too
high for the salary they are offering. For sensitive positions in
security, banking or government jobs, they may be trying to see
how trustworthy and reliable you may be. It is very important that
your credit report is accurate, not only for the purpose of obtaining
additional credit at good rates, but for your job security as well.
The Federal Trade Commission (FTC) recommends that you pull a credit
history on yourself at least once every year to ensure that you
are receiving the 'credit' that you deserve. Employers, or prospective
employers have to give you notice in writing that a credit report
may be pulled. They also need your consent before pulling your credit
history from a Credit Reporting Agency (CRA). Once you are hired,
your employer may continue to pull credit reports at various intervals
during employment as long as they have given you a 'separate document
notice' indicating that reports will be pulled in the future.
However, they should not pull
unnecessary reports, as too many inquiries will negatively affect
your credit rating. Many financial advisors will tell their clients
to periodically pull their credit histories to check who has made
inquiries and why. In 1997, two important amendments were added
to the Fair Credit Reporting Act (FCRA). The first amendment ensures
that individuals are aware that consumer reports may be used for
employment purposes and agree to such use. The second amendment
ensures that individuals are notified promptly if information in
a consumer report may result in a negative employment decision.
If employers rely on a credit report to take adverse action, that
is denying a job application, denying an employee a promotion or
reassigning or terminating employment, they must follow certain
rules according to the FCRA.
First, they must give you a pre-adverse
action disclosure that includes a copy of your credit report and
a copy of 'A summary of your rights under the FCRA.' After the employer
has taken the adverse action, they must give you notice orally,
in writing or electronically that the action has been taken in an
adverse action notice. This notice must include: ·The name
address, and phone number of the CRA that supplied the report ·A
statement that the CRA that supplied the report did not make the
decision to take the adverse action and cannot give specific reasons
for it and ·A notice of the individual's right to dispute
the accuracy or completeness of any information the agency furnished,
and his or her right to an additional free report from the agency
upon request within 60 days.
Pam Spruk has worked in the banking
credit and collections industry most of her adult life. Working
in the industry, she knows how important having a good credit rating
can be. She also knows from experience that employers often pull
credit histories. "My last two employers have pulled credit
reports upon being hired," she said. "I understand the
importance of it, but sometimes things on your credit report doesn't
necessarily reflect the person that you are."
Mrs. Spruk had the unfortunate
experience of having her ex-husband's credit affect her negatively.
Although she has never been denied a job or promotion because of
her credit history, she says it is a little unsettling to have his
bad judgement reflect on her. In most states, once you are married,
your financial histories merge as well. It is a good idea to know
how your spouse's history has affected your credit rating, especially
before you apply for employment.
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