Background Check
Credit Report

Is it legal for U.S. employers to check my credit report as part of my employment background check?
Laws vary by state. But, generally, employers are permitted by U.S. law to investigate your credit report to make hiring decisions about you during employment background checks. They can also use it to make firing, promotion and reassignment decisions after they've hired you. But employers must have "good cause" to make employment decisions based on your credit report.

Employers get your credit report by paying a fee to consumer reporting, credit reporting, or employment background check agencies. It typically includes some or all of the following information.

• Current and previous addresses
• Marital status
• Current and former employers
• Social security number
• Bankruptcies
• Liens and judgments
• Child support obligations
• Loan and credit card payment history
• Credit score
• Who has checked your credit report

Although it's legal, the Federal Fair Credit Reporting Act (FCRA) and certain state laws at least regulate how employers retrieve and use the information in your credit report. For example,

• Employers must first inform you that they will be investigating your credit report and get your permission in writing. Technically, you may refuse to allow it. But in reality, you might not get the job.
• Before employers take adverse action (e.g., eliminate you as a job candidate or fire you) based on your credit report, they must give you a "pre-adverse action disclosure" that consists of a copy of your credit report and a written Summary of Your Rights Under the Fair Credit Reporting Act.
• Once employers have taken adverse action, they must provide you with an "adverse action notice" that explains why.
• They must also give you the name, address, and phone number of the agency that provided your report, so you may dispute inaccurate information.
• Employers must keep the results of your credit report confidential and can't store any information about it in your employment file.

The Federal Bankruptcy Act applies, too. An employer can't discriminate against you solely because your credit report revealed that you sought protection under the Bankruptcy Act. In other words, an employer can't deny you employment, promotion or reassignment because of bankruptcy or the bad debts you had before you filed for bankruptcy.

State and Federal discrimination laws might also apply. An employer cannot use credit reports to discriminate in any aspect of employment, in violation of specific discrimination laws. For example, an employer with a history of using credit reports to discriminate against low-income minorities might face serious litigation if it comes to light.

If you think that an employer has violated the FCRA, you can file a complaint with the Federal Trade Commission online or by calling 1-877-FTC-HELP. If you can prove damages caused by an inaccurate credit report, you might have grounds for a lawsuit against the agency in error, and possibly the employer who used the report against you. Check with an attorney about that.