CHICAGO – A state appeals panel says electrical utility ComEd doesn't violate the rights of those applying for customer service positions by pulling their credit history, because those jobs handle a great deal of sensitive customer information.
On Dec. 3, a three-justice panel of the Illinois First DIstrict Appellate Court sided with ComEd and its parent company, Exelon, in its dispute with plaintiff Monica Rivera. Justice James Fitzgerald Smith authored the 21-page decision. Justices Mary Ellen Coghlan and Aurelia Pucinski concurred.
The appellate decision upheld the ruling of Cook County Judge Raymond W. Mitchell, who had also sided with ComEd.
Illinois First District Appellate Court Judge James G. Fitzgerald Smith
| news.jmls.uic.edu
In May 2017, Rivera received a conditional employment offer for a part-time, temporary position with ComEd. Rivera needed to successfully complete a background check in order to be employed with the utility company, which included both a drug screening and credit check.
ComEd informed Rivera two weeks later that it was “rescinding the conditional offer of employment,” citing information it obtained from the consumer report on her credit history.
Rivera, through her attorneys with the firm of Stephan Zouras LLP, then hit ComEd with a class action lawsuit, saying it had violated her rights and the rights of other workers under the Employee Credit Privacy Act by pulling her credit history and the credit histories of other, similar job applicants.
ComEd argued that having a “satisfactory credit history” was necessary for the customer-service job for which Rivera had applied. This was because the job provided “access to personal or confidential information” of ComEd customers.
The trial court found in favor of ComEd, and the appellate justices upheld that ruling.
The justices said that the “evidence shows that” customer-support representatives at ComEd “see the customer information in the database” and have access to that information “throughout their employment.” This included “at least partial Social Security numbers, drivers license numbers, bank account numbers and credit card numbers,” as well as other personal information.
ComEd has been represented by attorneys with the firm of Jackson Lewis P.C., of Chicago.