The proposed bill introduces the "Consumer Credit History Employment Protection Act" to Title 28 of the General Laws. This act prohibits employers from asking questions about a job applicant's financial past during job interviews or including such questions on job applications. Employers are also barred from seeking or using credit checks in making hiring decisions, with specific exceptions for positions that require credit checks due to federal or state law, national security clearance, or significant financial responsibilities. If an employer intends to conduct a credit check for an exempt position, they must provide notice to the applicant and obtain written consent.
The bill establishes a framework for administrative investigations and penalties for violations. Job applicants may file complaints with the Department of Labor and Training, which can impose fines of up to $10,000 for each violation. The assessed penalties will be equally divided between the department and the complainant. Additionally, aggrieved employees or their representatives can pursue civil actions for damages up to $10,000, along with reasonable attorneys' fees and court costs. The bill also amends existing laws related to deceptive trade practices by removing references to employment in the context of credit report requests.
Statutes affected: 285: 6-13.1-21