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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.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Josh S. Cutler6th Plymouth1/12/2023Kenneth I. Gordon21st Middlesex1/24/2023Lindsay N. Sabadosa1st Hampshire1/25/2023Frank A. Moran17th Essex1/26/2023Kathleen R. LaNatra12th Plymouth1/26/2023Carol A. Doherty3rd Bristol2/2/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023Adrian C. Madaro1st Suffolk2/13/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/13/2023Michael O. MooreSecond Worcester2/15/2023Paul McMurtry11th Norfolk2/20/2023Mindy Domb3rd Hampshire2/22/2023Tram T. Nguyen18th Essex2/27/2023Vanna Howard17th Middlesex2/27/2023Shirley B. Arriaga8th Hampden2/28/2023Sean Garballey23rd Middlesex3/8/2023 1 of 2
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
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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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:
1 SECTION 1. Section 51 of Chapter 93 of the General Laws, as appearing in the 2018
2Official Edition, is hereby amended by inserting after the word “purposes”, in line 12, the
3following words:- under section 51C.
4 SECTION 2. Said Chapter 93 is hereby further amended by inserting after Section 51B
5the following section:-
6 Section 51C. (a) For the purposes of this section, the following terms shall have the
7following meanings unless the context clearly indicates otherwise:
8 “Consumer report”, shall have the same meaning as in section 50 of this chapter.
9 “Employment purposes”, shall have the same meaning as in section 50 of this chapter.
10 (b) A person or entity shall not: (i) use a consumer report in connection with or as a
11criterion for an employment purpose; (ii) request or procure a consumer report for employment 2 of 2
12purposes; or (iii) require an employee or applicant to answer a question about the contents of a
13consumer report or the information contained in it regarding credit worthiness, credit standing or
14credit capacity. Nothing in this section shall prohibit the use of matters of public record by a
15person or entity for employment purposes, including, but not limited to, matters under 12 U.S.C.
161785(d), unless otherwise prohibited by law.
17 (c) Notwithstanding subsection (b), a person or entity may use or request a consumer
18report for employment purposes if 1 of the following conditions are met:
19 (i) a person is required by federal or state law or regulation or the rules of a self-
20regulatory organization, as defined in 15 U.S.C. 78c(a)(26), to use a consumer report for
21employment purposes; or
22 (ii) the employee or applicant applies for or holds a position that requires national
23security clearance.
24 (d) An employer or person acting on behalf of the employer shall not retaliate,
25discriminate or take an adverse action against an employee or applicant on the basis that the
26employee or applicant has or intends to: (i) file a complaint pursuant to section 68 of this
27chapter; (ii) allege that the person violated this section; (iii) testify, assist, give evidence or
28participate in an investigation, proceeding or action concerning a violation of this section; or (iv)
29otherwise oppose a violation of this section.
30 (e) Notwithstanding subsection (c), a waiver of this section shall be void and a person or
31entity shall not require or request that an employee or applicant waive it.
32 SECTION 3. This act shall take effect on January 1, 2025.