H. R. 645
IN THE HOUSE OF REPRESENTATIVES
February 13, 2013
Mr. Cohen (for himself, Mr. Butterfield, Mr. Johnson of Georgia, Mr. Meeks, Mr. Conyers, Ms. Norton, Mr. Ellison, Ms. Schakowsky, Mr. Michaud, Ms. Edwards, Mr. Danny K. Davis of Illinois, Mr. Holt, Mr. Grijalva, Ms. Roybal-Allard, Mr. Dingell, Mr. Serrano, Mr. Rangel, Ms. Lee of California, Mr. Larsen of Washington, Ms. Bass, Mr. Farr, Mr. Honda, Mr. Takano, Ms. Shea-Porter, and Ms. Eddie Bernice Johnson of Texas) introduced the following bill; which was referred to the Committee on Financial Services
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.
This Act may be cited as the
Equal Employment for All
Use of credit checks prohibited for employment purposes
Prohibition for employment and adverse action
in subsection (a)(3)(B), by inserting
within the restrictions set forth in subsection (b) after
by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and
by inserting after subsection (a) the following new subsection:
Use of certain consumer report prohibited for employment purposes or adverse action
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—
for employment purposes; or
for making an adverse action, as described in section 603(k)(1)(B)(ii).
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.
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:
When the consumer applies for, or currently holds, employment that requires national security or FDIC clearance.
When the consumer applies for, or currently holds, employment with a State or local government agency which otherwise requires use of a consumer report.
When the consumer applies for, or currently holds, a supervisory, managerial, professional, or executive position at a financial institution.
When otherwise required by law.
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.
Conforming amendments and cross references
Such Act is further amended as follows:
In section 603 (15 U.S.C. 1681a )—
in subsection (c), as redesignated by subsection (a)(2) of this section—
paragraph (2)(A), by inserting
and subject to the restrictions set forth
in subsection (b)
in paragraph (3)(A), by inserting
and subject to the restrictions set forth in subsection (b)
in subsection (f), as redesignated by subsection (a)(2) of this section—