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HOUSE DOCKET, NO. 2674 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2119
The Commonwealth of Massachusetts
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PRESENTED BY:
Kenneth I. Gordon
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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 regulating the use of credit reports by employers.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kenneth I. Gordon21st Middlesex1/16/2025 1 of 3
HOUSE DOCKET, NO. 2674 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2119
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 2119) of
Kenneth I. Gordon relative to regulating the use of credit reports by employers. Labor and
Workforce Development.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act regulating the use of credit reports by employers.
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 3
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;
22 (ii) the employee or applicant applies for or holds a position that requires national
23security clearance or
24 (iii) the employee of a staffing agency defined in M.G.L. c. 149, section 159C and
25licensed or registered pursuant to M.G.L. c. 140, section 46A-46R, applies for or holds a senior
26position with a fiduciary responsibility and substantial financial responsibility as further defined
27by regulation.
28 (d) An employer or person acting on behalf of the employer shall not retaliate,
29discriminate or take an adverse action against an employee or applicant on the basis that the
30employee or applicant refuses or fails to produce a consumer report to the employer, or has or
31intends to: (i) file a complaint pursuant to section 68 of this chapter; (ii) allege that the person
32violated this section; (iii) testify, assist, give evidence or participate in an investigation, 3 of 3
33proceeding or action concerning a violation of this section; or (iv) otherwise oppose a violation
34of this section.
35 (e) Notwithstanding subsection (c), a waiver of this section shall be void and a person or
36entity shall not require or request that an employee or applicant waive any rights under this
37Section.
38 SECTION 3. This act shall take effect on January 1, 2025.