Connecticut Seal

General Assembly

 

Raised Bill No. 5061

February Session, 2010

 

LCO No. 509

 

*00509_______LAB*

Referred to Committee on Labor and Public Employees

 

Introduced by:

 

(LAB)

 

AN ACT ELIMINATING CREDIT REPORTS AS A BASIS FOR EMPLOYMENT DECISIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2010) (a) No employer or an employer's agent, representative or designee may require an employee or prospective employee to consent to the creation of a credit report 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 report is substantially related to the employee's current or potential job, (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. For the purposes of this section, "employee" means any person engaged in service to an employer in a business of his employer, "employer" means any person engaged in business who has one or more employees, including the state or any political subdivision of the state and "substantially related to the employee's current or potential job" means the information contained in the credit report is related to the position for which the employee or prospective employee who is the subject of the report is being evaluated because the position (A) is a managerial position which involves setting the direction or control of the business, (B) involves access to customers', employees' or employer's personal or financial information other than information customarily provided in a retail transaction, (C) involves a fiduciary responsibility to the employer, including, but not limited to, the authority to issue payments, transfer money or enter into contracts, or (D) provides an expense account.

(b) Any employee or prospective employee may file a complaint with the Labor Commissioner alleging a violation of the provisions of subsection (a) 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. Any employer who violates subsection (a) of this section shall be liable to the Labor Department for a civil penalty pursuant to section 31-69a of the general statutes, as amended by this act. Any party aggrieved by a decision of the commissioner may appeal the decision to the Superior Court in accordance with the provisions of chapter 54 of the general statutes.

Sec. 2. Section 31-69a of the 2010 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(a) In addition to the penalties provided in this chapter and chapter 568, any employer, officer, agent or other person who violates any provision of this chapter, chapter 563a, chapter 557, section 1 of this act or subsection (g) of section 31-288, shall be liable to the Labor Department for a civil penalty of three hundred dollars for each violation of said chapters and for each violation of subsection (g) of section 31-288, except that any person who violates (1) a stop work order issued pursuant to subsection (c) of section 31-76a, shall be liable to the Labor Department for a civil penalty of one thousand dollars and each day of such violation shall constitute a separate offense, and (2) any provision of section 31-12, 31-13 or 31-14, subsection (a) of section 31-15 or section 31-18, 31-23 or 31-24 shall be liable to the Labor Department for a civil penalty of six hundred dollars for each violation of said sections.

(b) The Attorney General, upon complaint of the Labor Commissioner, shall institute civil actions to recover the penalties provided for under subsection (a) 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 chapter 557, chapter 563a, this chapter and subsection (g) of section 31-288 and to implement the provisions of section 31-4.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2010

New section

Sec. 2

October 1, 2010

31-69a

Statement of Purpose:

To prevent discrimination of a prospective employee based upon that employee's credit history.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]