Employers beware: credit checks may expose you to unwanted discrimination claims

Lexology.com
Greenberg Traurig LLP
Mona M. Stone
USA
January 11 2011

Can an employer be sued based on its use of credit checks during hiring? Yes, at least according to the Equal Employment Opportunity Commission (EEOC). There appears to be a new enforcement direction from the EEOC, as evidenced by certain recent court filings. Over the past several months, the agency has filed complaints on behalf of classes of workers, claiming that their employers participated in patterns or practices of illegal discrimination when refusing to hire a protected class or classes of job applicants based on credit histories.

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