Bill Text: PA HB2366 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for credit report requirement.

Spectrum: Strong Partisan Bill (Democrat 17-1)

Status: (Introduced - Dead) 2010-03-23 - Referred to STATE GOVERNMENT [HB2366 Detail]

Download: Pennsylvania-2009-HB2366-Introduced.html

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PRINTER'S NO. 3434
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2366 Session of2010
INTRODUCED BY JOSEPHS, COHEN, M. O'BRIEN, BELFANTI, DONATUCCI, SIPTROTH, GIBBONS, J. TAYLOR, WHITE, FRANKEL, THOMAS, MELIO, MANDERINO, MYERS, WHEATLEY, R. TAYLOR, HARKINS AND YOUNGBLOOD, MARCH 23, 2010
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 23, 2010
AN ACT
Amending the act of October 27, 1955 (P.L.744, No.222),
entitled, as amended, "An act prohibiting certain practices
of discrimination because of race, color, religious creed,
ancestry, age or national origin by employers, employment
agencies, labor organizations and others as herein defined;
creating the Pennsylvania Human Relations Commission in the
Governor's Office; defining its functions, powers and duties;
providing for procedure and enforcement; providing for
formulation of an educational program to prevent prejudice;
providing for judicial review and enforcement and imposing
penalties," providing for credit report requirement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of October 27, 1955 (P.L.744, No.222),
known as the Pennsylvania Human Relations Act, is amended by
adding a section to read:
Section 5.4. Credit Report Requirement.--(a) It shall be an
unlawful discriminatory practice for any employer or any
employer's agent, representative or designee to require an
employe or prospective employe to consent to the creation of a
credit report that contains information about the employe's or
prospective employe's credit score, credit account balances,
payment history, savings or checking account balances or savings
or checking account numbers as a condition of employment unless
one of the following applies:
(1) Such report is substantially related to the employe's
current or potential job.
(2) Such report is required by law.
(3) The employer reasonably believes that the employe has
engaged in a specific activity that constitutes a violation of
the law.
(b) For the purposes of this section, "substantially related
to the employe's current or potential job" means the information
contained in the credit report is related to the position for
which the employe or prospective employe who is the subject of
the report is being evaluated because the position:
(1) is a managerial position which involves setting the
direction or control of the business;
(2) involves access to customers', employes' or the
employer's personal or financial information other than
information customarily provided in a retail transaction;
(3) involves a fiduciary responsibility to the employer,
including, but not limited to, the authority to issue payments,
transfer money or enter into contracts; or
(4) provides an expense account.
Section 2. This act shall take effect in 60 days.
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