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Washington Labor & Employment Wire » Equal Employment for All Act (H.R. 3149)

Equal Employment for All Act (H.R. 3149)

Core Provisions: The bill would amend the Fair Credit Reporting Act to generally prohibit the use of consumer credit checks in relation to current and prospective employees for the purposes of making employment decisions.

Under the bill, employers would be prohibited from using information in a consumer report or investigative consumer report pertaining to an employee or applicant’s creditworthiness, credit standing, or credit capacity when making hiring determinations or taking adverse employment actions as defined by the Fair Credit Reporting Act. Notably, this prohibition would apply even if the employee or applicant consents to such use. The bill would establish exceptions when: (1) the employee or applicant applies for, or currently holds, employment that requires national security or FDIC clearance; (2) the employee or applicant applies for, or currently holds, employment with a state or local government agency that otherwise requires use of a consumer report; (3) the employee or applicant applies for, or currently holds, a supervisory, managerial, professional, or executive position at a financial institution; or (4) otherwise required by law.

Status: Rep. Steve Cohen (D-TN) introduced the bill on July 9, 2009, and it was referred to the House Committee on Financial Services that same day.