Pamela Devata Quoted in The New York Times
"Another Hurdle for the Jobless: Credit Inquiries"

Pamela Devata was quoted in the August 7, 2009 edition of The New York Times in the article, "Another Hurdle for the Jobless: Credit Inquiries." The article addressed the practice of credit checks for job applicants and the differences between Federal law and the varying state laws. Pam, as the sole attorney sourced, provided all of the background information on the most notable state laws involving credit checks. The article noted that a few states have recently proposed legislation that would restrict employers’ use of credit checks; for instance, Hawaii has just imposed new restraints. According to the article, last month, lawmakers in Hawaii approved a measure that generally allows an employer to review a credit history only after making an offer and requires the credit check to be “directly related” to job qualifications. Another example is Washington, which may have the most stringent requirement, where under a law that took effect in 2007 a candidate's credit history must be substantially related to the job. New York law, by comparison, requires a background check’s findings to be related to the job, but it addresses criminal records and does not mention credit checks.

According to Pam, the Federal law requires employers to get the consent of job applicants before running credit checks. Pam also explained that if employers are considering denying someone a job based on a credit check, "they have to notify the applicant." That is intended to give someone a chance to explain circumstances or spot erroneous information.