Legal Question in Employment Law in Missouri
If you are already employed for 4 + years and have accepted a promotion can you be fired as a result of credit check being done after you signed your contract for your new position. In addition, there was no mention of a credit check being required either verbally or in the contract.
1 Answer from Attorneys
Although right now an employer can refuse to hire, or after hiring, fire an employee based on their credit report, the EEOC is pushing for that to cease. The EEOC has sued a company for doing just that. It was dismissed because it was not filed quickly enough. Because the court didn't get to the real issue, the EEOC may take another crack at it with another plaintiff.
On that basis, you may be able to assert racial discrimination based on an unpermissive credit check. However, if the position requires fiscal responsibility credit checks will probably be determinative of the skills required for the position.
Under the Fair Credit Reporting Act, employment purposes are including as permissible uses for consumer reporting. Under certain circumstances, employers do not need your permission to check your credit history.
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