New York State Employment Lawyers Advocate
for Fair Use of Credit Checks during the
Hiring Process
Ensuring your credit history is not
illegally used against you
In the past, employers considered many
factors when hiring new employees, including
their qualifications for the position, their
criminal background, their credit history
and more. Many employers viewed a strong
credit history as an indicator of good
character, while a poor credit history may
signify issues with responsibility. A recent
amendment to the New York City Human Rights
Law significantly limits an employer’s
ability to consider an applicant’s credit
history during the hiring process. As strong
proponents of fair hiring practices, the New
York employment law attorneys at Hepworth,
Gershbaum & Roth, PLLC are committed to
helping clients facing disputes related to
the illegal use of credit reports. We remain
diligent in reviewing all changes to New
York and federal labor laws in an effort to
provide the effective advice you need to
combat an illegal use of your credit report.
When can an employer consider my credit
history?
There are several specific cases in which an
employer may still consider an applicant’s
credit history during the hiring process,
including situations involving:
-
Positions with local, state or federal
government agencies
-
Requirements imposed by a national
securities exchange, registered
securities association, or registered
clearing agency
-
For positions with signatory authority
over third-party funds
-
Positions with routine access to trade
secrets or classified company data
-
Positions requiring security clearances
It is important to note that employers in
these cases must follow guidelines set forth
by the Fair Credit Reporting Act when
attempting to obtain an applicant’s credit
history. The FCRA requires employers to
provide advance notice of the intent to run
a credit report, and to obtain written
consent before obtaining a credit report.
Additionally, the FCRA requires employers to
provide a copy of the report to the
applicant.
What can I do if an employer illegally uses
my credit background to deny employment?
If you feel that an employer has denied you
employment based solely on your credit
history, it is important to take action.
Fortunately, you have several options to
pursue resolutions, including:
-
Filing a claim: Wronged employees
have the right to file a complaint with
the New York City Commission of Human
Rights, the governing body in charge of
upholding the city’s Human Rights Law.
By filing a claim, you initiate an
investigation by the commission, which
may lead to a judgment in your favor.
The process of filing a claim must be
followed to the letter to convince the
commission to review your case.
-
Initiating civil action: Another
option for seeking justice is to file a
civil lawsuit against the employer in
question. Working with a
New York employment lawyer to gather
the necessary information and litigate
your case may improve your chances of
recovering damages.
-
Lodging a complaint: Some
employers are unaware of the illegal
consideration of your credit history.
Lodging a formal complaint with the
employer may lead to an internal
investigation or a reconsideration of
your application.
Successfully proving that an employer
illegally considered your credit history may
result in an award of punitive damages in
your favor. A judge may also order the
employer to pay your attorney’s fees.
Schedule a free consultation to discuss your
case with a leading New York employment law
attorney
With more than 70 years of combined
experience, the New York employment law
attorneys at Hepworth, Gershbaum & Roth have
the skill and knowledge needed to help you
pursue favorable resolutions in even the
most complex cases. Working closely with
you, we identify your legal options and
aggressively pursue the resolutions you are
entitled to.
Contact us online or call 212-545-1199
to schedule a free consultation with one of
our New York employment lawyers.
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attorney in New York today
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consultation and determine
whether you have a case. For
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you can contact us online or
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