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Linda Chalat
Linda Chalat
Attorney • (866) 735-1102 Ext 366

Proposed Law Offers Employees Protection

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On January 11, 2012, Sen. Carroll and Rep. Fischer introduced SB 12-003 – Concerning the use of consumer credit information by employers. This proposed law would establish the purposes for which consumer credit information can be used by an employer.

The bill creates the “Employment Opportunity Act,” which the purposes for which consumer credit information (i.e., consumer credit reports and credit scores) can be used by an employer or potential employer. Specifically, the bill:

  • Prohibits an employer’s use of consumer credit information for employment purposes if the information is unrelated to the job;
  • Requires an employer to disclose to an employee or applicant for employment (jointly, “employee”) when the employer uses the employee’s consumer credit information to take adverse action against him or her and the particular credit information upon which the employer relied;
  • Authorizes an employee aggrieved by a violation of the above provisions to bring suit for an injunction, damages, or both; and
  • Requires the department of labor and employment to enforce the laws related to employer use of consumer credit information.