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Can employer do credit checks on job applicants in MA?

I'm trying to find a job in what is, as you know, a bad job market. I have a feeling it's even harder for me because of some bad decisions I made with purchases I couldn't afford. So anyway I'm wondering if it's legal for employers to do credit checks on job applicants in Massachusetts? Thanks.

Job applicants and credit reports

Yes. Employers are permitted to run credit checks on, and obtain credit information for, potential employees or job applicants.  However, employment law attorneys who counsel employers often recommend that employers not obtain credit checks unless the applicant's credit history is somehow relevant to the job for which they are applying.  For example, if the employee will handle expensive merchandise or have access to credit cards, the employer may be justified in assuring itself that the applicant is not currently in financial difficulty.  Some courts have found that a blanket policy of obtaining credit histories for all job applicants and basing hiring decisions on the credit reports may lead to discriminatory hiring.

Also, the Fair Credit Reporting Act requires employers to get written permission from potential employees and applicants before obtaining credit information from a consumer reporting agency. Then, applicants who are refused employment because of information contained in the credit report must be informed of that fact and provided with a copy of the report.  Good luck with your job hunt.

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