March 2, 2011, Introduced by Reps. Switalski, Liss, Barnett, Tlaib, Segal, Oakes, Kandrevas, Stanley, Dillon, Durhal, Ananich, Stapleton, Lipton, Meadows and Brown and referred to the Committee on Commerce.


     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 financial 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 the particular


position or employment classification. Good credit history is


presumed to be a bona fide job qualification for any of the




     (a) An employee of a state or nationally chartered bank, bank


holding company, or its affiliate or subsidiary.


     (b) An employee of a state or federally chartered savings and


loan, savings bank, or credit union or credit union affiliate or




     (c) An employee of an individual or firm licensed or


registered under article 7 of the occupational code, 1980 PA 299,


MCL 339.720 to 339.736.


     (d) An employee of a casino.


     (e) An employee of an insurer that is required to operate


under a certificate of authority under section 402 of the insurance


code of 1956, 1956 PA 218, MCL 500.402, if the employee's duties


include either of the following:


     (i) Working in a fiduciary capacity and engaging in life


insurance transactions.


     (ii) A requirement to be licensed under federal securities law


or under the uniform securities act (2002), 2008 PA 551, MCL


451.2101 to 451.2703.


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


an individual because the individual does or is 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.