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I work in Human Resources and have dealt with credit checks for various employers. Most larger companies have HR staff with enough resources to follow FCRA rules (i.e. separate page(s) than application for authorizing credit and/or background checks; candidate notification and delivery of report copy(ies) if adverse action is taken due to the report(s), etc.)

Small companies often do not have enough personnel to allow keeping up new rules (and these rules were instituted in 2000) - most have old applications with incorrect authorizations.

How, in this employment environment, would an applicant dare to tell the employer that the application/authorization is improper and refuse to complete it as is? Who wants to hire a know-it-all? Hopefully the employer representative would take the input and correct the forms/process. Even if an enlightened employee applied this constructive criticism, I doubt the applicant would be hired... especially with 5 other qualified people available...

Also, many (even larger companies) ask for all of the forms before iterviewing. If not all forms are returned, an interview is not offered (often because the applicant "can't follow instructions" or "did not attend to details" as expected.

And finally, if one discusses a health issue that caused past (or current) payment issues, the health issue will throw up red flags in most cases EVEN THOUGH IT IS NOT SUPPOSED TO BE USED IN THE HIRING DECISIONS. (We're human, it is hard to "ignore" information once we know it.) So much for explaining away an issue......

I hope this new law is passed - I also hope it is not as complex as the FCRA and is simpler to follow and implement

posted 3 years, 3 months ago
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