AB 22 - With the Best of Intentions


 

By signing up, you agree to our Terms of Service and Privacy Policy.

AB (Assembly Bill) 22 introduced by California Assembly Member Tony Mendoza (D-56th District), is one of those bills introduced with the best of intentions that can have unintended but very serious consequences. As written, the bill effectively prohibits California employers from using consumer credit reports to vet potential employees or to make other employment related decisions such as for promotion or transfer.

Credit information is utilized for different purposes by different employers to make different kinds of decisions about employment. At a time when many Americans have lost their jobs or faced financial crises because of financial sector meltdowns, on the surface it appears fundamentally unfair to some people to let an employer keep from hiring somebody because they have bad credit. Maybe there are some employers who have that simplistic a viewpoint on hiring as to simply exclude prospective employees with bad credit, but if they exist, I don’t know any. Most employers who are that fickle don’t actually bother to do anything to vet employees because they think that their seat of the pants impression from an interview is better than using objective criteria, so they don’t pay for a background check. That approach is frequently penny-wise and pound foolish, because most people very erroneously believe that they can accurately detect deception during an interview.

My clients who make employment related decisions based upon credit are concerned with two issues that emerge from credit reports: potential for fraud, embezzlement, or other thefts and lack of impulse control. It takes experience and training to understand how to read between the lines and the employers I deal with take the process of vetting employees very seriously. They don’t use credit reports as the sole basis for making employment decision and they ask for expert advice when needed.

Without belaboring issues involving the potential for employee pilferage, assessing a potential hire for impulse control is extremely important when one considers that all companies have an obligation to have a discrimination and harassment free working environment. When people lack impulse control, they do not compartmentalize their behavior so that some behaviors are controlled and other behaviors not controlled. They either have impulse control or they don’t within a spectrum or having more or less, but either way, it’s usually across the board.

So, if somebody has a financial history that wreaks of impulse buying, in which they utilize credit irresponsibly to purchase stuff on whims that they don’t really need, eventually digging their way into a financial black hole, they are also likely to engage in behaviors in the workplace that are aberrant and offensive. People who can’t refrain from sexual or racial harassment rather than just harboring bigoted thinking that they don’t act on have poor or no impulse control.

If AB 22 passes as presently written, it will deprive employers of a useful tool to detect signs of poor impulse control and thereby make it all that much more difficult to keep the workplace free from discrimination and harassment.

About Jan Tucker

The Detectives Diary is an innovative tool combining Private Investigation and Journalism. In 1984, Steve Harvey's Los Angeles Times "Around the Southland" Column entitled Jan Tucker's program of providing low-cost "Opposition Research" services to indigent and working class candidates for public office, "Take Cover: Hired Mudslinger Rides into Town." A 1996 Los Angeles Times article by Henry Chu carried a sub-headline identifying Tucker as a "P.R. Guru." In November 2012, Tucker became Criminal Justice Columnist for Counter Punch Magazine and a commentator for Black Talk Radio. As a private investigator since 1979 and a former First Vice President of Newspaper Guild Local 69, Tucker takes these skills to a new level in the pages of the Detectives Diary with insightful and unique exposures and analysis of history and current events. State Director--California League of Latin American Citizens, Former seven term Chairman of the Board of the California Association of Licensed Investigators, Co-President San Fernando Valley/Northeast Los Angeles Chapter-National Organization for Women, former National Commissioner for Civil Rights-League of United Latin American Citizens, former Second Vice President-Inglewood-South Bay Branch-National Association for the Advancement of Colored People, former founding Vice President-Armenian American Action Committee, former First Vice President, Newspaper Guild Local 69 (AFL-CIO, CLC, CWA), Board member, Alameda Corridor Jobs Coalition, Community Advisory Board member--USC-Keck School of Medicine Alzheimer's Disease Research Project
This entry was posted in Ideas & Opinions, Private Investigation Industry and tagged , , . Bookmark the permalink.