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Megan McArdle

Megan McArdle - Megan McArdle is a senior editor for The Atlantic who writes about business and economics. She has worked at three start-ups, a consulting firm, an investment bank, a disaster recovery firm at Ground Zero, and The Economist. She is currently on leave.
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Megan was born and raised on the Upper West Side of Manhattan, and yes, she does enjoy her lattes, as well as the occasional extra-dry skim-milk cappuccino. Her checkered work history includes three start-ups, four years as a technology project manager for a boutique consulting firm, a summer as an associate at an investment bank, and a year spent as sort of an executive copy girl for one of the disaster-recovery firms at Ground Zero � all before the age of 30.

While working at Ground Zero, Megan started Live From the WTC, a blog focused on economics, business, and cooking. She may or may not have been the first major economics blogger, depending on whether we are allowed to throw outlying variables such as Brad Delong out of the set. From there it was but a few steps down the slippery slope to freelance journalism. She has worked in various capacities for The Economist, where she wrote about economics and oversaw the founding of Free Exchange, the magazine's economics blog. She has also maintained her own blog, Asymmetrical Information, which moved to The Atlantic, along with its owner, in August 2007.

Megan holds a bachelor's degree in English literature from the University of Pennsylvania and an M.B.A. from the University of Chicago. After a lifetime as a New Yorker, she now resides in northwest Washington, D.C., where she is still trying to figure out what one does with an apartment larger than 400 square feet.

Could We Stop Employers From Running Credit Checks?

By Megan McArdle
Jul 27 2010, 3:13 PM ET Comment

Another entry in the annals of regulations that seem like no brainers but aren't:  Kevin Drum wants to target regulations forbidden the use of FICO scores by employers at the credit bureaus, leaving small employers alone.

Does this raise the compliance cost of starting a business? Hardly. If a prospective employer asked my doctor for a copy of my medical records, he'd just say no. The compliance cost is zero. Ditto for credit scores. Until a few years ago no one bothered asking for them, and if releasing these records were prohibited, they'd go back to not bothering. The compliance cost is zero. As for the credit reporting agencies, they've been placed in a privileged position where they're allowed to collect sensitive privateinformation -- just as doctors and banks and census takers are. That privileged position means they have a heightened responsibility for maintaining privacy, not a license to use their databases for anything that can make them an extra buck or two.

Here's the problem:  your doctor will indeed release your medical records if you've signed a release form.  It is already illegal to let anyone see your credit history without your permission, and one hopes it will remain that way--call me un-libertarian, but I don't like the idea of either a government or a corporation maintaining a secret dossier on people that those people can't look at.




Employers get permission to run the credit check the same way they get permission to run a drug test.  No one (except law enforcement) can make you pee in a cup against your will.  But if you don't do it, you don't get the job.

Nor can you just make a law saying "Don't release credit reports to anyone except a lender."  As a homeowner and a private individual, Kevin probably hasn't experienced many of them.  But credit reports are used by non-lenders all the time in ways that I think most of us would agree are legitimate.  Landlords checking to see if you have a habit of rent non-payment.  Potential investors in your small business who would like to know if their cash is going to the business, or Mastercard.  Vendors who want to know if you have a history of stiffing your suppliers.  The federal government, running, erm, background checks on its employees.  How would a credit reporting bureau distinguish employers from any of these?

No, the only way to do it is through enforcement at the employer level:  you have to make it illegal to ask for this stuff.  Which raises the compliance burden even though it requires only passive avoidance; the more regulations there are, the more unknowable the law is, and the costlier it becomes to hire an expert to help you.  Eventually you get to the point that many developing countries (and not a few American cities) have reached:  where there are so many regulations that they necessarily contradict each other, and it is essentially impossible to be in full compliance with the law, both because of those contradictions, and because the law is too unwieldy for even your expert to absorb.  Once you are in a position where an employee who looks hard enough can always find some reason to sue, you have radically raised the cost of hiring in a way that is not good for either workers or the economy.

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