Credit reports contain personal information that may only be requested by prospective employers if certain procedures that protect the applicant from corporate overreaching are followed. For one, the employer must clearly and conspicuously disclose that it intends to check your credit report, and this disclosure form must not contain any additional information. Additionally, the employer must obtain your signature on that same form before the credit report is requested. Unfortunately, some companies might not adhere to these procedures.
In a recent lawsuit against Whole Foods, for example, a job applicant alleged that the initial online application contained a release of claims provision, thereby violating the first requirement, and that his credit report was requested before he signed the authorization form, thereby violating the second requirement.
If you or someone you know applied for a position with an employer who did not abide by the above procedures, please contact us to discuss your legal options.