Bill > H1736

This bill establishes new regulations for how employers can use consumer reports, which are documents containing information about an individual's credit history, for employment purposes. Generally, employers, prospective employers, and employment agencies are prohibited from using consumer reports to make decisions about hiring, firing, promotions, compensation, or other employment conditions, and they cannot ask employees or applicants about their credit reports or creditworthiness. However, these restrictions do not apply if federal or state law requires the employer to use a consumer report for employment. Even in those cases, employers cannot use the report in a way that leads to discrimination prohibited by law. If an employer does use a consumer report under these exceptions, they must obtain written consent from the individual each time, clearly explain their reasons for accessing the report and any adverse employment actions taken based on it at least 14 days in advance, provide a copy of the report and consumer rights information, and offer the individual an opportunity to dispute the information. Employers must also cover all costs associated with obtaining the report and cannot retaliate against employees or applicants who file complaints, allege violations, or participate in investigations related to these regulations. Any waiver of these provisions by an employee or applicant is considered invalid. Violations can be reported to the Massachusetts Commission Against Discrimination and will be considered an unfair practice under state law.