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The Honolulu Advertiser
Posted on: Monday, April 6, 2009

Ban on credit checks in hiring goes too far

In this sour economy, more people are struggling to meet basic expenses. They fall behind on bill payments, go into debt and see their credit history decline from good to lousy — often due to events beyond their control, such as getting laid off.

These are people that House Bill 31 seeks to protect: honest folks with poor credit, who are looking for a decent job to help them back to fiscal solvency.

The bill has good intentions, but as currently written, it goes too far. It bans as discriminatory an employer's use of a person's credit history or credit report in hiring or firing decisions, except for a job that "directly relates to a bona fide occupational qualification" under state law.

This seems too restrictive; it's likely few jobs would qualify for such an exception. And there are indirect, but perfectly valid reasons for an employer to check such a history — a position in which an employee has access to the assets of the employer or customers, for instance. Hiring someone for such a job who is heavily in debt, with a record of poor financial management, could raise red flags that a prudent employer would be irresponsible to ignore.

Of course, the employer must abide by privacy safeguards of the Fair Credit Reporting Act, which requires an employer to get a person's permission before obtaining his credit report.

It's important to keep in mind that a credit history is only one measure of an employee's value, and an often unreliable one at that. Credit reports can be inaccurate or incomplete. A person's credit status may have no bearing on his or her ability to do a good job. More important, routine screening of credit reports could disproportionately affect poorer, minority populations — a key factor in establishing discriminatory practices.

HB 31 needs to be revised to add reasonable exceptions. It should also provide clearer guidance on how credit reports may — and may not — be used, with the goal of making the process fairer for those caught in today's economic vise.