Equal Employment for All Act of 2013 - Amends the Fair Credit Reporting Act to prohibit a current or prospective employer from using a consumer report or an investigative consumer report, or from causing one to be procured, for either employment purposes or for making an adverse action, if the report contains information that bears upon the consumer's creditworthiness, credit standing, or credit capacity.
Makes exceptions to such prohibition when: (1) the consumer applies for, or currently holds, employment that requires a national security clearance; or (2) a consumer report is otherwise required by law.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1837 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1837
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 SENATE OF THE UNITED STATES
December 17, 2013
Ms. Warren (for herself, Mr. Blumenthal, Mr. Brown, Mr. Leahy, Mr.
Markey, Mrs. Shaheen, and Mr. Whitehouse) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
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
2013''.
SEC. 2. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOYMENT PURPOSES.
(a) Prohibition for Employment and Adverse Action.--Section 604 of
the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended--
(1) in subsection (a)(3)(B), by inserting ``within the
restrictions set forth in subsection (b)'' after ``purposes'';
(2) by redesignating subsections (b) through (g) as
subsections (c) through (h), respectively; and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Use of Certain Consumer Report Prohibited for Employment
Purposes or Adverse Action.--
``(1) General prohibition.--Except as provided in paragraph
(3), a person, including a prospective employer or current
employer, may not use a consumer report or investigative
consumer report, or cause a consumer report or investigative
consumer report to be procured, with respect to any consumer
where any information contained in the report bears on the
consumer's creditworthiness, credit standing, or credit
capacity--
``(A) for employment purposes; or
``(B) for making an adverse action, as described in
section 603(k)(1)(B)(ii).
``(2) Source of consumer report irrelevant.--The
prohibition described in paragraph (1) shall apply even if the
consumer consents or otherwise authorizes the procurement or
use of a consumer report for employment purposes or in
connection with an adverse action with respect to such
consumer.
``(3) Exceptions.--Notwithstanding the prohibitions set
forth in this subsection, and consistent with the other
sections of this Act, an employer may use a consumer report
with respect to a consumer in the following situations:
``(A) When the consumer applies for, or currently
holds, employment that requires national security
clearance.
``(B) When otherwise required by law.
``(4) Effect on disclosure and notification requirements.--
The exceptions described in paragraph (3) shall have no effect
upon the other requirements of this Act, including requirements
in regards to disclosure and notification to a consumer when
permissibly using a consumer report for employment purposes or
for making an adverse action against such consumer.''.
(b) Conforming Amendments and Cross References.--The Fair Credit
Reporting Act is further amended as follows:
(1) In section 603 (15 U.S.C. 1681a)--
(A) in subsection (d)(3), by striking ``604(g)(3)''
and inserting ``604(h)(3)''; and
(B) in subsection (o), by striking ``A'' and
inserting ``Subject to the restrictions set forth in
subsection 604(b), a''.
(2) In section 604 (15 U.S.C. 1681b)--
(A) in subsection (a), by striking ``subsection
(c)'' and inserting ``subsection (d)'';
(B) in subsection (c), as redesignated by
subsection (a)(2) of this section--
(i) in paragraph (2)(A), by inserting ``and
subject to the restrictions set forth in
subsection (b)'' after ``subparagraph (B)'';
and
(ii) in paragraph (3)(A), by inserting
``and subject to the restrictions set forth in
subsection (b)'' after ``subparagraph (B)'';
(C) in subsection (d)(1), as redesignated by
subsection (a)(2) of this section, by striking
``subsection (e)'' in both places that term appears and
inserting ``subsection (f)'';
(D) in subsection (f), as redesignated by
subsection (a)(2) of this section--
(i) in paragraph (1), by striking
``subsection (c)(1)(B)'' and inserting
``subsection (d)(1)(B)''; and
(ii) in paragraph (5), by striking
``subsection (c)(1)(B)'' and inserting
``subsection (d)(1)(B)''.
(3) In section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by
striking ``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)''.
(4) In section 609 (15 U.S.C. 1681g)--
(A) In subsection (a)(3)(C)(i), by striking
``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)'';
and
(B) in subsection (a)(3)(C)(ii), by striking
``604(b)(4)(A)'' and inserting ``604(c)(4)(A)''.
(5) In section 613(b) (15 U.S.C. 1681k(b)) by striking
section ``604(b)(4)(A)'' and inserting ``section
604(c)(4)(A)''.
(6) In section 615 (15 U.S.C. 1681m)--
(A) in subsection (d)(1), by striking ``section
604(c)(1)(B)'' and inserting ``section 604(d)(1)(B)'';
(B) in subsection (d)(1)(E), by striking ``section
604(e)'' and inserting ``section 604(f)''; and
(C) in subsection (d)(2)(A), by striking ``section
604(e)'' and inserting ``section 604(f)''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8916)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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