HOUSE BILL No. 4528

 

March 10, 2009, Introduced by Reps. Switalski, Miller, Gonzales, Polidori, Leland, Gregory, Haugh, Segal, Liss, Tlaib and Roberts and referred to the Committee on Labor.

 

     A bill to prohibit employers from making certain recruiting or

 

hiring decisions based upon an individual's credit history; to

 

prohibit employers from making certain inquiries; to prohibit

 

certain waivers; to prohibit retaliation; and to provide remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "job

 

applicant credit privacy act".

 

     Sec. 3. As used in this act:

 

     (a) "Credit history" means information that is generally used

 

in evaluating an individual's creditworthiness, credit standing, or

 

credit capacity, such as a debt payment record or a credit score

 

compiled by a consumer credit agency.

 

     (b) "Employer" means an individual or entity, or the agent of

 

an individual or entity, that permits 1 or more individuals to work


 

or accepts applications for employment.

 

     Sec. 5. (1) Except as provided in this section, an employer

 

shall not do either of the following:

 

     (a) Fail or refuse to hire or to recruit an individual for

 

employment because of the individual's credit history.

 

     (b) Inquire about a job applicant's or potential job

 

applicant's credit history.

 

     (2) The prohibition in subsection (1) does not apply to

 

prevent an inquiry or employment action if a good credit history is

 

an established bona fide occupational requirement of a particular

 

position or employment classification. Good credit history shall be

 

considered a bona fide job qualification for any employee of any of

 

the following:

 

     (a) A state or nationally chartered bank, bank holding

 

company, or its affiliate or subsidiary.

 

     (b) A state or federally chartered savings and loan, savings

 

bank, or credit union or credit union affiliate or subsidiary.

 

     (c) An individual or firm licensed or registered under article

 

7 of the occupational code, 1980 PA 299, MCL 339.720 to 399.736.

 

     (d) A casino.

 

     Sec. 7. A person shall not retaliate or discriminate against

 

an individual because the individual has done or was about to do

 

any of the following:

 

     (a) File a complaint under this act.

 

     (b) Testify, assist, or participate in an investigation,

 

proceeding, or action concerning a violation of this act.

 

     (c) Oppose a violation of this act.


 

     Sec. 9. An employer shall not require an individual to waive

 

or limit any protection granted under this act as a condition of

 

applying for or receiving an offer of employment. An agreement to

 

waive any right or protection under this act is contrary to public

 

policy and is void and unenforceable.

 

     Sec. 11. (1) An individual who is injured by a violation of

 

this act may bring a civil suit to obtain damages or injunctive

 

relief, or both.

 

     (2) The court shall award costs and reasonable attorney fees

 

to an individual who prevails as a plaintiff in a suit authorized

 

under this section.