HOUSE DOCKET, NO. 340        FILED ON: 1/12/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1434

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Josh S. Cutler

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act reducing barriers to employment through credit discrimination.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Josh S. Cutler

6th Plymouth

1/12/2023

Kenneth I. Gordon

21st Middlesex

1/24/2023

Lindsay N. Sabadosa

1st Hampshire

1/25/2023

Frank A. Moran

17th Essex

1/26/2023

Kathleen R. LaNatra

12th Plymouth

1/26/2023

Carol A. Doherty

3rd Bristol

2/2/2023

Tricia Farley-Bouvier

2nd Berkshire

2/8/2023

Adrian C. Madaro

1st Suffolk

2/13/2023

Joanne M. Comerford

Hampshire, Franklin and Worcester

2/13/2023

Michael O. Moore

Second Worcester

2/15/2023

Paul McMurtry

11th Norfolk

2/20/2023

Mindy Domb

3rd Hampshire

2/22/2023

Tram T. Nguyen

18th Essex

2/27/2023

Vanna Howard

17th Middlesex

2/27/2023

Shirley B. Arriaga

8th Hampden

2/28/2023

Sean Garballey

23rd Middlesex

3/8/2023

Natalie M. Higgins

4th Worcester

3/14/2023

Carlos González

10th Hampden

3/28/2023

Tommy Vitolo

15th Norfolk

4/4/2023

Sal N. DiDomenico

Middlesex and Suffolk

5/22/2023

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

7/5/2023

Russell E. Holmes

6th Suffolk

10/18/2023

Kate Donaghue

19th Worcester

10/25/2023


HOUSE DOCKET, NO. 340        FILED ON: 1/12/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1434

By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1434) of Josh S. Cutler and others for legislation to prohibit the use of consumer reports for employment purposes and to reduce barriers to employment through credit discrimination.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act reducing barriers to employment through credit discrimination.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 51 of Chapter 93 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “purposes”, in line 12, the following words:- under section 51C.

SECTION 2. Said Chapter 93 is hereby further amended by inserting after Section 51B the following section:-

Section 51C. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly indicates otherwise:

“Consumer report”, shall have the same meaning as in section 50 of this chapter.

“Employment purposes”, shall have the same meaning as in section 50 of this chapter.

(b) A person or entity shall not: (i) use a consumer report in connection with or as a criterion for an employment purpose; (ii) request or procure a consumer report for employment purposes; or (iii) require an employee or applicant to answer a question about the contents of a consumer report or the information contained in it regarding credit worthiness, credit standing or credit capacity. Nothing in this section shall prohibit the use of matters of public record by a person or entity for employment purposes, including, but not limited to, matters under 12 U.S.C. 1785(d), unless otherwise prohibited by law.

(c) Notwithstanding subsection (b), a person or entity may use or request a consumer report for employment purposes if 1 of the following conditions are met:

(i) a person is required by federal or state law or regulation or the rules of a self-regulatory organization, as defined in 15 U.S.C. 78c(a)(26), to use a consumer report for employment purposes; or

(ii) the employee or applicant applies for or holds a position that requires national security clearance.

(d) An employer or person acting on behalf of the employer shall not retaliate, discriminate or take an adverse action against an employee or applicant on the basis that the employee or applicant has or intends to: (i) file a complaint pursuant to section 68 of this chapter; (ii) allege that the person violated this section; (iii) testify, assist, give evidence or participate in an investigation, proceeding or action concerning a violation of this section; or (iv) otherwise oppose a violation of this section.

(e) Notwithstanding subsection (c), a waiver of this section shall be void and a person or entity shall not require or request that an employee or applicant waive it.

SECTION 3. This act shall take effect on January 1, 2025.