General Assembly Substitute Bill No. 361
January Session, 2011 *_____SB00361LAB___030211____*
General Assembly
Substitute Bill No. 361
January Session, 2011
*_____SB00361LAB___030211____*
AN ACT PREVENTING THE USE OF CREDIT SCORES BY CERTAIN EMPLOYERS IN HIRING DECISIONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2011) (a) As used in this section:
(1) "Employee" means any person engaged in service to an employer in a business of his employer;
(2) "Employer" means any person engaged in business who has one or more employees, including the state or any political subdivision of the state; and
(3) "Financial institution" means any state bank and trust company, national banking association, state or federally chartered savings bank, state or federally chartered savings and loan association or state or federally chartered credit union.
(b) No employer or employer's agent, representative or designee may require an employee or prospective employee to consent to a credit inquiry that contains information about the employee's or prospective employee'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 (1) such employer is a financial institution, (2) such report is required by law, or (3) the employer reasonably believes that the employee has engaged in specific activity that constitutes a violation of the law related to the employee's employment.
(c) Any employee or prospective employee may file a complaint with the Labor Commissioner alleging a violation of the provisions of subsection (b) of this section. At the request of either party, the commissioner shall hold a hearing, in accordance with the provisions of chapter 54 of the general statutes. An employer shall be liable to the Labor Department for a civil penalty of three hundred dollars for each inquiry made in violation of subsection (b) of this section.
(d) The Attorney General, upon complaint of the Labor Commissioner, shall institute civil actions to recover the penalties provided for under subsection (c) of this section. Any amount recovered shall be deposited in the General Fund and credited to a separate nonlapsing appropriation to the Labor Department, for other current expenses, and may be used by the Labor Department to enforce the provisions of this section.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
New section
LAB Joint Favorable Subst.
LAB
Joint Favorable Subst.