Want a job at Portland Public Schools? You better hope that you have never missed a car payment.
Since mid-April, PPS human-resources director Steve Goldschmidt and district HR attorney Maureen Sloane have required applicants to give the district access to information about "credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living."
Under state law, prospective district employees have long been required to submit to criminal background checks, but this is the first time they've been asked to allow school officials to look into their personal histories. "They have no right to know about my credit capacity or any of that other stuff," says Brett Bigham, a special-education teacher working on a temporary contract. "That's none of their business."
Liz Joffe, a lawyer who has done work for the teachers union, agrees. "My gut reaction is that it sounds grossly invasive," says Joffe, who hasn't yet reviewed the application. "It would be extremely inappropriate to base hiring decisions on the types of information that is found in consumer reports. It might even be illegal. "
Sloane says the district changed its application form when the school police force became part of the Portland Police Bureau. Instead of having criminal-record checks done in-house, she explains, the district now contracts with credit agencies for such services. Using a third party triggers the federal Fair Credit Reporting Act, which requires prospective employees' permission to gather information.
Sloane claims that the district still remains interested solely in criminal histories and isn't collecting all the financial information from the credit agencies, which have well-documented accuracy problems.
So why not simply ask applicants' permission for a criminal background check, if that's what the district is after? Sloane says the district wants to keep its options open. It may want to look at the finances of certain employees, she says, particularly if they handle lots of district money. "We could limit the information we're requesting," she concedes. "We have chosen not to do it that narrowly so that we don't have to revise our form for every applicant."
That explanation doesn't satisfy teachers union president Richard Garrett, who worries that credit reports could be used to deny work to qualified applicants or used against existing employees. "The possibility of the district misusing information just seems too great," he says.
WWeek 2015