Synopsis As Introduced Creates the Employee Credit Privacy Act. Prohibits employers from inquiring about or using an employee's or prospective employee's credit history as a basis for employment, recruitment, discharge, or compensation with some exceptions. Prohibits an employer from retaliating or discriminating against a person who files a complaint under the Act, participates in an investigation, proceeding, or action concerning a violation of the Act, or opposes a violation of the Act. Contains provisions concerning waiver and remedies.
House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts provisions substantially similar to those of the bill as introduced, creating the Employee Credit Privacy Act, but with changes that include the following: (1) changes references to "credit history" to "credit score", and defines "credit score"; (2) provides that "employer" does not include (i) any bank holding company, financial holding company, bank, savings bank, savings and loan association, credit union, or trust company, or any subsidiary or affiliate thereof, that is authorized to do business under the laws of this State or of the United States, (ii) any State law enforcement or investigative unit, including, without limitation, any such unit within the Office of any Executive Inspector General, the Department of State Police, the Department of Corrections, the Department of Juvenile Justice, or the Department of Natural Resources, or (iii) any State or local government agency which otherwise requires use of the employee's or applicant's credit score; and (3) provides that information concerning an individual's credit score is a bona fide occupational requirement if the employee's or applicant's credit score is otherwise required by federal or State law.
House Floor Amendment No. 2 Deletes the definition of "credit score" and replaces references to "credit score" with references to "credit history".
Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts similar provisions, but with the following changes: Expands the definition of "employer" to include any company authorized to engage in any kind of insurance or surety business pursuant to the Illinois Insurance Code, including any employee, agent, or employee of an agent acting on behalf of a company engaged in the insurance or surety business, and any entity that is defined as a debt collector under federal or State statute. Defines the following terms: "credit history", "credit report", "financial information", "marketable assets", "personal or confidential information", "State or national security", and "trade secrets". Provides that information concerning an individual's credit history is not a bona fide occupational requirement unless the duties of the position include custody of or unsupervised access to cash or marketable assets valued at $2,500 or more (rather than $1,000 or more); the position is a managerial position which involves setting the direction or control of the business; the position involves access to personal or confidential information, financial information, trade secrets, or State or national security information; the position meets criteria in administrative rules, if any, that the U.S. Department of Labor or the Illinois Department of Labor (rather than the Department of Labor) has promulgated to establish the circumstances in which a credit history is a bona fide occupational requirement; or the employee's or applicant's credit history is otherwise required by or exempt under (rather than required by) federal or State law. Permits employers to conduct a thorough background investigation, which may include obtaining a report without information on credit history or an investigative report without information on credit history, or both, as permitted under the Fair Credit Reporting Act, provided the information is used for employment purposes only.
Senate Floor Amendment No. 2 Redefines "financial information" to mean non-public information (rather than information) on the overall financial direction of an organization, including, but not limited to, company taxes or profit and loss reports.