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Matthew Weinick
Avvo Rating - 10.0
Super Lawyers - Peter
Super Lawyers - Matthew
Lead Counsel
Kev's Best

Credit Based Discrimination

Long Island Credit Discrimination Lawyers

Employment Discrimination Based on Credit History

Generally speaking, employers are allowed to check a potential or current employee's credit history and then make an adverse employment decision (i.e. the decision to either hire or fire the person) based on the results of the credit report. There are some limitations on this general rule, however, and employers must follow certain procedures when checking an individual's credit history. These limitations are outlined in the federal law known as the Fair Credit Reporting Act (FCRA).

First, the FCRA requires that an employer obtain written permission from an individual before checking his or her credit history. Next, after checking an individual's credit report, employers must notify that person before taking an adverse employment action against them based on the results of the credit check. The employer must also provide the individual with a copy of the report and allow them a short period of time to dispute any errors in the report before taking the adverse employment action.

New York State has its own law on procedures that must be followed by an employer when checking one's credit history, which generally mirrors the language of the FCRA. New York City law, on the other hand, provides additional protections to potential and current employees not included under federal or state law.

Under the Stop Credit Discrimination in Employment Act (SCDEA), which is an amendment to the New York City Human Rights Law, it is illegal for an employer to request or use an individual's credit history for the purposes of making any employment decision, subject to eight very limited exceptions mostly related to federal investigations or government positions requiring security clearance. Violations of the SCDEA carry significant penalties for the employer, in addition to other money damages that may be available to the individual who was discriminated against under the SCDEA.

Client Reviews
From my personal experience, Matthew Weinick has always managed to go above and beyond as an attorney. While handling my case, he was very professional, supportive and reassuring. It was easy to see his devotion in bringing me justice from day one. I saw how invested he was which motivated me to take the stand and fight for my rights. I am extremely grateful that he agreed to take on my case and I could not have asked for better legal representation or consult. Ariel Kaygisiz
Very grateful for all the hard work! Mr. Famighetti did an amazing job. He was very knowledgeable and I was always kept up to date on the details of our matter. I appreciate the attentiveness and the time taken to explain each step and answer any questions I had during the process. I would absolutely recommend Mr. Famighetti and his firm Famighetti & Weinick to anyone. Danielle
Matt Weinick is an excellent attorney. With his assistance I was able to get exonerated from false allegations against me. Sara
Mr. Weinick is the utmost professional. I called him for help with an employment issue and I was in his office the next day for a free, almost hour long, consultation. I ultimately retained him for his services and his professionalism continued, he is extremely talented and well versed in employment law and he answers emails immediately, he even emailed me a few times to check on how things were progressing. I cannot thank Mr. Weinick enough for his help, and I wouldn't hesitate to call him again if necessary. Hopefully there will be no need, but in today's employment landscape you never know. Thanks again. Tom Orlik