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- Title
THE LEGALITY OF PRE-EMPLOYMENT CREDIT CHECKS: A PROPOSED MODEL STATUTE TO REMEDY AN INEQUITY.
- Authors
Earle, Beverley; Madek, Gerald; Missirian, David
- Abstract
Does having bad credit mean that you will perform poorly as an employee? Does it mean you are more likely to engage in illegal conduct on the job? Is this true whether you are a controller for a small, privately-held business, an employee with a company travel card with a $5000 limit or a purchasing card with a $1000 limit, or a janitor who enters the offices at night to clean but has no company credit cards? Should employers be free to use discretion in deciding what information they need to assure they are not making a negligent hire? Nine states have passed legislation to attempt to deal with this issue and twenty-six states are considering proposed legislation. Allowing credit checks, even for low-level jobs, appears punitive and possibly discriminatory on the basis of race, especially in the post-recession climate of 2012. Many people are facing an economic crisis--they have terrible credit, underwater mortgages, and significant medical debt, which could be compounded if they are unable to find work because of credit checks. This Article will review statutes and case law, propose a model statute, and discuss the policy implications for business and society.
- Subjects
FINANCIAL crises; STATUTES; RECESSIONS; CREDIT cards; MORTGAGES; DISCRETION
- Publication
Virginia Journal of Social Policy & the Law, 2012, Vol 20, Issue 1, p159
- ISSN
1068-7955
- Publication type
Article