Can I be dropped from consideration of employment based on an unsatisfactory credit check?

I had a final round job interview scheduled for a position. I had to cancel last minute due to illness. I emailed the employer to reschedule and the employer emailed me back to say that I had failed a credit check and they would not be pursuing me as a candidate anymore. Is this legal to do?. The job is a sales job and does not involve any real financial responsibility. FYI, I did consent to the credit check.

Asked on November 25, 2015 under Employment Labor Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

 In an at will employment relationship, an employer can hire/fire much as it sees fit or deems neceassary. This is true so long as such action doesn't violate the terms of an employment contract, union agreement or company policy. Also, an employee's treatment (or potential employee's treatment) cannot be based on legally actionable discrimination. This means that an individual cannot receive different treatment based on their race, religion, age, disability, gender, sexual identity or nationality. So unless you fall into one of the aforementioned classes, you do not have a claim here. The fact is that an unsatisfactory credit check can result in your no longer being considered for the position. Basically, the employer has the right not to hire you for this reason, any or no reason at all (notwithstanding the above exceptions).


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