To Members of the Senate and House of Representatives and Congress

LETS STAND UNITED! So many are out of work seeking jobs! - this is not a time of being impartial or neutral in America, change is needed!

I see this as a problem Nationwide and should be addressed in each state.

Does any states have any bills that were introduced that would to varying degrees prohibit employers from requiring a credit check on current or prospective employees or applicants seeking employment as a condition of employment or limitations of an employer’s use of credit checks and if any have been signed into law to date?

Because of the downturn in the economy and unemployment and layoffs on the rise, many families have been impacted by layoffs or unemployment which takes a domino affect on their living expenses and means of their survival and as they are pounding the pavement seeking employment everything is taking a hit because they are not able to turn around their funds and ending up dipping into their savings, etc and depleting their funds, it impacts mortgages, rent, car payments, living expenditures and sends a rippling impact on not only their credit but credit scores and way of life. This type of practice should be prohibited due to the downturn in the economy.

If it’s not the credit checks, it’s discriminating the unemployed by applications with indirect questions of unemployment and gaps of unemployment, unemployment will never get addressed with employers categorizing candidates of credit and unemployment.

There should be a bill that prohibits employers from requiring credit checks on employees or applicants unless the employer is required by federal or state law to conduct the check.

A bill should allow employers to conduct credit checks when required by law, as well as when credit history is an established bona fide job requirement for a current or prospective employee being evaluated for a certain position. Such “bona fide job requirements” are narrowly defined to exist only where the current or prospective employees are being considered for the following positions: (1) a managerial position involving the financial direction or control of the business; (2) a position involving access to customers’, employees’ or the employer’s personal or financial information (other than information customarily provided in routine retail transactions); (3) a position involving a fiduciary duty to the employer such as, for example, the authority to issue payments, transfer money or enter into contracts; or (4) a position that enjoys an expense account for travel also would allow credit checks for an additional purpose – when an employer reasonably believes their employees engage in certain criminal activity.

All states should pass a law against discrimination to make it an unlawful employment practice for employers to discriminate based on an individual’s credit history or financial status especially in a troubling economy.

A bill should be introduced that would prohibit employers from requiring employees to waive their rights under the laws; prohibit retaliation for asserting their rights under the laws; provide for civil penalties; and provide individuals with the right to bring civil actions under the laws for injunctive relief, compensatory and consequential damages, and reasonable attorneys’ fees and court costs.

For some job applications if an applicant declines authorization for their credit check under FCRA the application is automatically not accepted should an applicant waive their right or decline authorization, even if the position has no relevancy to the need of a credit background check. These issues impacts applicants rights to be allowed to waive this request on applications.