Texas 2017 - 85th Regular

Texas House Bill HB317

Filed
11/14/16  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the consideration by employers of the consumer credit reports of employees and applicants for employment.

Impact

The introduction of this bill signifies a shift in labor law concerning the assessment of employees and applicants based on credit reports. It creates a legal obligation for employers to consider the context of credit information and to allow individuals the opportunity to address any issues before adverse actions are taken. This could lead to a decrease in discriminatory hiring practices based on potentially outdated or irrelevant credit information and provide individuals greater control over their own employment outcomes.

Summary

House Bill 317 aims to regulate how employers can utilize consumer credit reports when making employment decisions. The bill stipulates that employers may take adverse employment actions—such as denial of employment—based in whole or part on an individual's credit report only if certain conditions are met. Specifically, employers must provide the affected employees or job applicants with a copy of the credit report, along with written instructions on how they can contest or explain the information contained within the report, prior to making any negative employment decision. This approach is intended to provide a measure of fairness and transparency in the hiring process.

Sentiment

Overall, the sentiment surrounding HB 317 appears to be positive among labor rights advocates who argue that individuals should not be unfairly judged based on their credit history, especially since such information may not fairly reflect their current financial situation. Conversely, some employers express concerns regarding the potential limitations on their ability to make informed hiring decisions based on a candidate's financial history. This contrast indicates a fundamental debate between ensuring fair employment practices and maintaining employer discretion in hiring processes.

Contention

Notably, the bill also establishes a clear framework under which credit-related criteria may be applied in employment strategies, clarifying the responsibilities of employers in this regard. Critics of the bill may argue that while the intentions are good, the enforcement of such provisions could become burdensome for businesses. The effectiveness of this bill in promoting workplace equality will likely depend on its implementation and the extent to which employers comply with the new regulations surrounding credit report use.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1215

Relating to consideration of criminal history of applicants for public employment.

TX SB1976

Relating to the consideration of criminal history record information of applicants for public employment or an occupational license.

TX HB3246

Relating to inquiries about and the consideration of criminal history record information regarding applicants for employment.

TX SB188

Relating to criminal history record information checks for applicants for employment and employees of group homes; creating a criminal offense.

TX HB4248

Relating to the employment of certain executive heads of state agencies and employees reporting to those executive heads.

TX HB1219

Relating to criminal history record information checks for applicants for employment and employees of group homes; creating a criminal offense.

TX HB307

Relating to requiring certain employers to provide paid sick leave to employees; providing administrative penalties.

TX HB893

Relating to requiring certain employers to provide paid sick leave to employees; providing administrative and civil penalties.

TX HB3030

Relating to required verification of the employment history of certain job applicants.

TX HB404

Relating to requiring certain employers to provide paid leave to employees; providing civil and administrative penalties.

Similar Bills

No similar bills found.