The bill introduces the "Consumer Credit History Employment Protection Act" as a new chapter (Chapter 6.15) to Title 28 of the General Laws, which is focused on "LABOR AND LABOR RELATIONS." This act prohibits employers from inquiring about a job applicant's credit history during the hiring process, including both job interviews and job applications. Employers are also barred from using credit checks as part of their hiring decisions. However, there are exceptions to this prohibition, which include positions that require a credit check by federal or state law, require a national security clearance, involve significant financial responsibility, access to trade secrets, or the ability to modify digital security systems. If a position falls under these exceptions, employers must notify the applicant that a credit check will be conducted and obtain written consent from the applicant before proceeding.

The bill also outlines the process for administrative investigations and penalties in case of violations. Job applicants can file a complaint with the Department of Labor and Training, which can impose penalties of up to $10,000 per violation, considering factors such as the severity of the violation, prior violations, the size of the employer, and the employer's knowledge of the law. Penalties collected are to be divided equally between the department and the complainant. Additionally, the bill amends Section 6-13.1-21 of the General Laws in Chapter 6-13.1 entitled "Deceptive Trade Practices" by removing "employment" from the contexts in which a person or business can request a credit report without informing the consumer. The act is set to take effect upon passage.

Statutes affected:
477: 6-13.1-21