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 their hiring decisions, with specific exceptions for positions that require credit checks due to federal or state law, national security clearance, or significant financial responsibilities, such as having signatory authority over third-party funds or assets worth $10,000 or more, access to trade secrets, or responsibilities related to digital security systems.

If an employer intends to conduct a credit check for an exempt position, they must provide notice to the applicant and obtain written consent prior to the credit check.

The bill allows job applicants to file complaints with the Department of Labor and Training if they believe their rights under this act have been violated. The department is authorized to investigate these complaints and may impose administrative penalties of up to $10,000 for each violation, with the penalties being shared equally between the department and the complainant.

Aggrieved employees or their representatives can also pursue civil actions for damages within three years of the alleged violation, with potential recoveries of up to $10,000, along with reasonable attorneys' fees and court costs. The act will take effect upon passage.

Statutes affected:
2324: 6-13.1-21