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MA S123

MA S123
Regulating the use of credit reports by employers


summary

Introduced
04/15/2015
In Committee
05/14/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to regulate the use of credit reports by employers. Consumer Protection and Professional Licensure.

AI Summary

This bill, titled "Regulating the use of credit reports by employers," aims to protect employees and job applicants by restricting how employers can use their credit reports. Generally, employers, prospective employers, and other related entities are prohibited from using a "consumer report" (which is a record of a person's credit history) for employment decisions like hiring, firing, promotions, or discipline, and they cannot ask employees or applicants about their credit information. However, these restrictions do not apply if federal or state law requires an employer to use a consumer report for employment purposes. Even in those cases, employers cannot use the report in a way that leads to discrimination prohibited by law, and they must obtain written consent from the individual each time they access a credit report. Furthermore, if an employer intends to take negative action based on a credit report, they must provide the individual with at least 14 days' notice, explain their reasons, share a copy of the report, and offer an opportunity to dispute the information. Employers are also forbidden from passing on the costs of obtaining credit reports to employees or applicants, and individuals who believe their rights have been violated can file a complaint with the Massachusetts Commission Against Discrimination. Finally, the bill makes it illegal for employers to retaliate against anyone who asserts their rights under this law or participates in an investigation related to it, and employers cannot force employees or applicants to waive their rights under this bill.

Committee Categories

Labor and Employment

Sponsors (22)

Last Action

Accompanied a new draft, see S2271 (on 05/02/2016)

bill text


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