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.




     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.