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H.R. 321 (112th): Equal Employment for All Act

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The text of the bill below is as of Jan 19, 2011 (Introduced). The bill was not enacted into law.

I

112th CONGRESS

1st Session

H. R. 321

IN THE HOUSE OF REPRESENTATIVES

January 19, 2011

(for himself, Mr. Nadler, Ms. Norton, Mr. Jackson of Illinois, Mr. Hastings of Florida, Mr. Meeks, Ms. Baldwin, Mr. Grijalva, Ms. Jackson Lee of Texas, Ms. Sutton, Mr. Serrano, Ms. Fudge, Mr. Honda, Ms. Clarke of New York, Ms. Schakowsky, Mr. Hinchey, Mr. Davis of Illinois, Mr. Filner, Mr. Al Green of Texas, Ms. Edwards, Ms. Woolsey, and Mr. Ellison) introduced the following bill; which was referred to the Committee on Financial Services

A BILL

To amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions.

1.

Short title

This Act may be cited as the Equal Employment for All Act.

2.

Use of credit checks prohibited for employment purposes

(a)

Prohibition for employment and adverse action

Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended—

(1)

in subsection (a)(3)(B), by inserting within the restrictions set forth in subsection (b) after purposes;

(2)

by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and

(3)

by inserting after subsection (a) the following new subsection:

(b)

Use of certain consumer report prohibited for employment purposes or adverse action

(1)

General prohibition

Except as provided in paragraph (3), a person, including a prospective employer or current employer, may not use a consumer report or investigative consumer report, or cause a consumer report or investigative consumer report to be procured, with respect to any consumer where any information contained in the report bears on the consumer's creditworthiness, credit standing, or credit capacity—

(A)

for employment purposes; or

(B)

for making an adverse action, as described in section 603(k)(1)(B)(ii).

(2)

Source of consumer report irrelevant

The prohibition described in paragraph (1) shall apply even if the consumer consents or otherwise authorizes the procurement or use of a consumer report for employment purposes or in connection with an adverse action with respect to such consumer.

(3)

Exceptions

Notwithstanding the prohibitions set forth in this subsection, and consistent with the other sections of this Act, an employer may use a consumer report with respect to a consumer in the following situations:

(A)

When the consumer applies for, or currently holds, employment that requires national security or FDIC clearance.

(B)

When the consumer applies for, or currently holds, employment with a State or local government agency which otherwise requires use of a consumer report.

(C)

When the consumer applies for, or currently holds, a supervisory, managerial, professional, or executive position at a financial institution.

(D)

When otherwise required by law.

(4)

Effect on disclosure and notification requirements

The exceptions described in paragraph (3) shall have no effect upon the other requirements of this Act, including requirements in regards to disclosure and notification to a consumer when permissibly using a consumer report for employment purposes or for making an adverse action against such consumer.

.

(b)

Conforming amendments and cross references

Such Act is further amended as follows:

(1)

In section 603 (15 U.S.C. 1681a)—

(A)

in subsection (d)(3), by striking 604(g)(3) and inserting 604(h)(3); and

(B)

in subsection (o), by striking A and inserting Subject to the restrictions set forth in section 604(b), a.

(2)

In section 604 (15 U.S.C. 1681b)—

(A)

in subsection (a), by striking subsection (c)and inserting subsection (d);

(B)

in subsection (c), as redesignated by subsection (a)(2) of this section—

(i)

in paragraph (2)(A), by inserting and subject to the restrictions set forth in subsection (b) after subparagraph (B); and

(ii)

in paragraph (3)(A), by inserting and subject to the restrictions set forth in subsection (b) after subparagraph (B);

(C)

in subsection (d)(1), as redesignated by subsection (a)(2) of this section, by striking subsection (e) in both places it appears and inserting subsection (f);

(D)

in subsection (f), as redesignated by subsection (a)(2) of this section—

(i)

in paragraph (1), by striking subsection (c)(1)(B) and inserting subsection (d)(1)(B); and

(ii)

in paragraph (5), by striking subsection (c)(1)(B) and inserting subsection (d)(1)(B).

(3)

In section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by striking 604(b)(4)(E)(i) and inserting 604(c)(4)(E)(i).

(4)

In section 609 (15 U.S.C. 1681g)—

(A)

in subsection (a)(3)(C)(i), by striking 604(b)(4)(E)(i) and inserting 604(c)(4)(E)(i); and

(B)

in subsection (a)(3)(C)(ii), by striking 604(b)(4)(A) and inserting 604(c)(4)(A).

(5)

In section 613(a) (15 U.S.C. 1681k(a)) by striking section 604(b)(4)(A) and inserting section 604(c)(4)(A).

(6)

In section 615 (15 U.S.C. 1681m)—

(A)

in subsection (d)(1), by striking section 604(c)(1)(B) and inserting section 604(d)(1)(B);

(B)

in subsection (d)(1)(E), by striking section 604(e) and inserting section 604(f); and

(C)

in subsection (d)(2)(A), by striking section 604(e) and inserting section 604(f).