HOUSE BILL No. 4363

 

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.

 

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 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

 

following:

 

     (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

 

subsidiary.

 

     (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.