Governor Quinn Signs Law to End Pre-Employment Credit Checks

Governor Quinn has legalized Illinois House Bill 4856. Learn how this will affect your job search, and how employers may still gain access to your credit history.

Is this the end for pre-employment credit checks in Illinois? The latest news from the governor's office in Illinois would have you think so. Governor Pat Quinn is touting himself as a hero to the unemployed having just signed a bill into law that he says will "stop employers from denying a job or promotion based on information that is not an indicator of a person's character or ability to do a job well."

The fact is most employers use credit reports only when it truly makes sense to do so. After all, they want to fill positions and they don't want to pay for extra services they don't need. I work with hundreds of major corporations, many of which utilize credit reports in their applicant screening, but almost never across the board on all applicants. Visit our previous posting (Why do Employers Want to Check My Credit Report 07/28/2010) , for more details on why employers check credit.

Our most positive experience with employers using credit reports is in part due to the fact we go out of our way to encourage them to use credit reports for screening applicants only when applicable to the position. Certainly there are companies out there who abuse their access to credit reports as well. This new law should be a good deterrence for preventing unnecessary and potentially discriminative credit.

However, for employers in Illinois that have a legitimate purpose for using credit report information, they need not worry. There are exceptions to every rule and this bill has several in the fine print. Here's the facts on when Illinois employers are STILL able to access credit reports for pre-employment screening after House Bill 4658 goes into effect on Jan 1st 2011.

Employers may access credit checks under limited circumstances, including positions that involve

a. bonding or security per state or federal law;
b. unsupervised access to more than $2,500;
c. signatory power over businesses assets of more than $100;
d. management and control of the business;
e. access to personal, financial or confidential information, trade secrets, or state or national security information.

Let's hope that House Bill 4658 serves its intended purpose and allows more job seekers in Illinois not to worry about being judged by unavoidable credit damage in the wake of this recession. At the same time, employers can breathe easy that positions that really need to take financial stability into account for the protection of themselves and their clients can still do so without repercussions.
For more information, please contact:
Brad Jones
Background Screening Consultants
650 W Lake St. Suite 310
Chicago, IL 60661
888 578 8600
[email protected]
safescreener.com

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Tags: illinois house bill 4856, pre-employment background check, pre-employment credit check


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