[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3697 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3697
To amend the Fair Credit Reporting Act to prohibit the use of consumer
credit checks against prospective and current employees for the
purposes of making adverse employment decisions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2021
Mr. Cohen introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Fair Credit Reporting Act to prohibit the use of consumer
credit checks against prospective and current employees for the
purposes of making adverse employment decisions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Employment for All Act of
2021''.
SEC. 2. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOYMENT PURPOSES.
Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is
amended--
(1) in subsection (a)(3)(B), by inserting ``, subject to
the requirements of subsection (b)'' after ``purposes''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by amending the paragraph heading to
read as follows: ``Use of Consumer Reports for
Employment Purposes'';
(ii) in subparagraph (A), by redesignating
clauses (i) and (ii) as subclauses (I) and
(II), respectively, and by moving such
subclauses two ems to the right;
(iii) by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively,
and by moving such clauses two ems to the
right;
(iv) by striking the period at the end of
clause (ii) (as so redesignated) and inserting
``; and'';
(v) by striking ``agency may furnish'' and
inserting ``agency--
``(A) may furnish''; and
(vi) by adding at the end the following new
subparagraph:
``(B) except as provided in paragraph (5), may not
furnish a consumer report with respect to any consumer
in which any information contained in the report bears
on the consumer's creditworthiness, credit standing, or
credit capacity to an employer if the employer seeks to
use such information in a denial of employment or any
other decision made for employment purposes.''; and
(B) by adding at the end the following new
paragraph:
``(5) Requirements for consumer reports bearing on the
consumer's creditworthiness, credit standing, or credit
capacity.--
``(A) Exceptions.--An employer may use a consumer
report with respect to any consumer in which any
information contained in the report bears on the
consumer's creditworthiness, credit standing, or credit
capacity in a decision made for employment purposes or
before taking an adverse action for employment purposes
only if the consumer authorizes the procurement of the
report as described in paragraph (2)(A)(ii) and--
``(i) the consumer applies for, or
currently holds, employment that requires the
consumer to be eligible for access to
classified information; or
``(ii) when otherwise required by law.
``(B) Limitation.--A person who seeks to obtain or
use a consumer report with respect to any consumer in
which any information contained in the report bears on
the consumer's creditworthiness, credit standing, or
credit capacity may not deny employment to the consumer
or make any other decision for employment purposes with
respect to the consumer because the consumer has not
authorized the procurement of the report as described
in paragraph (2)(A)(ii).''.
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