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  1. #1
    Join Date
    May 2013
    Posts
    1

    Default Use of Credit History in Hiring Decisions

    My question involves labor and employment law for the state of: Colorado

    So I'm applying for a job within a law enforcement agency. Colorado govenor recently (April 19th) signed Colorado State Bill 18 which, in effect (though I may be wrong), says that employers can't use your credit history against you, except certain cases like bank jobs, executives and such. I expect a deep background check and am fine with that but one of the last pages on the personal history questionnaire was a form saying that I know they're going to check my credit and my use that in regards to whether or not they will hire me.

    My first question is: Is this a piece of paper that was left in there before the bill was signed, or is it a waiver to get around the bill? Or is it saying they are one of those certain cases where SB 18 doesn't apply to them (I didn't see law enforcement listed, but I may be wrong).

    The law enforcement agency also states that it is their policy not to tell people why they were not hired, whether its because of a bad interview, failed poly graph, failed psych eval, or perhaps something in their background check.

    My second question is: Per the Fair Credit Reporting Act (they give you a list of your rights with the personal history questionnaire) if they don't hire me because of my credit, they have to tell me, and give me the name of the reporting agency. It seems like the two statements conflict, but given the FCRA will they tell me if I'm not hired because of my credit?

    And third, is it alright to e-mail the HR rep and ask these questions? Or would that kind of tip them off that I have a bad credit history and kind of hinders my chances.

    I ask the second question mostly because I feel I am fairly qualified for these positions, have nothing in my background (drugs/violence/ect), ace the written tests, and do fairly well on the interviews. I realize the job market isn't great and people better qualified may be getting hired, but I feel if anything is hold me back its my credit history. I would just like to know for sure.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: State Bill 18 and "Fair Credit Reporting Act Desclosure and Authorization"

    Your credit history can be very relative to a law enforcement position. On the other hand, it would also tell them who to investigate for taking bribes.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Use of Credit History in Hiring Decisions

    This bill - effective July, 1, 2013.

    Your financial history is relevant to a position in law enforcement, as money pressures can create temptations for police officers when they are offered bribes (that can happen even if the officer has no intention of soliciting a bribe) or come across valuable contraband, drug money, and the like.

    An employer's legal responsibilities under the FCRA when using a consumer credit report in employment are summarized here. We have no way of telling you whether your credit history will factor into a theoretical hiring decision and, should you not obtain the job, the extent to which your credit history will have been a factor in that decision.

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