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| Public Act 096-1426 |
| HB4658 Enrolled | LRB096 13351 KTG 28052 b |
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AN ACT concerning employment. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Section 1. Short title. This Act may be cited as the |
Employee Credit Privacy Act. |
Section 5. Definitions. As used in this Act: |
"Credit history" means an individual's past borrowing and |
repaying behavior, including paying bills on time and managing |
debt and other financial obligations. |
"Credit report" means any written or other communication of |
any information by a consumer reporting agency that bears on a |
consumer's creditworthiness, credit standing, credit capacity, |
or credit history. |
"Employee" means an individual who receives compensation |
for performing services for an employer under an express or |
implied contract of hire. |
"Employer" means an individual or entity that permits one |
or more individuals to work or that accepts applications for |
employment or is an agent of an employer. "Employer" does not, |
however, include: |
(1) Any bank holding company, financial holding |
company, bank, savings bank, savings and loan association, |
credit union, or trust company, or any subsidiary or |
affiliate thereof, that is authorized to do business under |
the laws of this State or of the United States. |
(2) Any company authorized to engage in any kind of |
insurance or surety business pursuant to the Illinois |
Insurance Code, including any employee, agent, or employee |
of an agent acting on behalf of a company engaged in the |
insurance or surety business. |
(3) Any State law enforcement or investigative unit, |
including, without limitation, any such unit within the |
Office of any Executive Inspector General, the Department |
of State Police, the Department of Corrections, the |
Department of Juvenile Justice, or the Department of |
Natural Resources. |
(4) Any State or local government agency which |
otherwise requires use of the employee's or applicant's |
credit history or credit report. |
(5) Any entity that is defined as a debt collector |
under federal or State statute. |
"Financial information" means non-public information on |
the overall financial direction of an organization, including, |
but not limited to, company taxes or profit and loss reports. |
"Marketable assets" means company property that is |
specially safeguarded from the public and to which access is |
only entrusted to managers and select other employees. For the |
purposes of this Act, marketable assets do not include the |
fixtures, furnishings, or equipment of an employer. |
"Personal or confidential information" means sensitive |
information that a customer or client of the employing |
organization gives explicit authorization for the organization |
to obtain, process, and keep; that the employer entrusts only |
to managers and a select few employees; or that is stored in |
secure repositories not accessible by the public or low-level |
employees. |
"State or national security information" means information |
only offered to select employees because it may jeopardize the |
security of the State or the nation if it were entrusted to the |
general public. |
"Trade secrets" means sensitive information regarding a |
company's overall strategy or business plans. This does not |
include general proprietary company information such as |
handbooks, policies, or low-level strategies. |
Section 10. Employment based on credit history or credit |
report not permitted. |
(a) Except as provided in this Section, an employer shall |
not do any of the following: |
(1) Fail or refuse to hire or recruit, discharge, or |
otherwise discriminate against an individual with respect |
to employment, compensation, or a term, condition, or |
privilege of employment because of the individual's credit |
history or credit report. |
(2) Inquire about an applicant's or employee's credit |
history. |
(3) Order or obtain an applicant's or employee's credit |
report from a consumer reporting agency. |
(b) The prohibition in subsection (a) of this Section does |
not prevent an inquiry or employment action if a satisfactory |
credit history is an established bona fide occupational |
requirement of a particular position or a particular group of |
an employer's employees. A satisfactory credit history is not a |
bona fide occupational requirement unless at least one of the |
following circumstances is present: |
(1) State or federal law requires bonding or other |
security covering an individual holding the position. |
(2) The duties of the position include custody of or |
unsupervised access to cash or marketable assets valued at |
$2,500 or more. |
(3) The duties of the position include signatory power |
over business assets of $100 or more per transaction. |
(4) The position is a managerial position which |
involves setting the direction or control of the business. |
(5) The position involves access to personal or |
confidential information, financial information, trade |
secrets, or State or national security information. |
(6) The position meets criteria in administrative |
rules, if any, that the U.S. Department of Labor or the |
Illinois Department of Labor has promulgated to establish |
the circumstances in which a credit history is a bona fide |
occupational requirement. |
(7) The employee's or applicant's credit history is |
otherwise required by or exempt under federal or State law. |
Section 15. Retaliatory or discriminatory acts. A person |
shall not retaliate or discriminate against a person because |
the person has done or was about to do any of the following: |
(1) File a complaint under this Act. |
(2) Testify, assist, or participate in an |
investigation, proceeding, or action concerning a |
violation of this Act. |
(3) Oppose a violation of this Act. |
Section 20. Waiver. An employer shall not require an |
applicant or employee to waive any right under this Act. An |
agreement by an applicant or employee to waive any right under |
this Act is invalid and unenforceable. |
Section 25. Remedies. |
(a) A person who is injured by a violation of this Act may |
bring a civil action in circuit court to obtain injunctive |
relief or damages, or both. |
(b) The court shall award costs and reasonable attorney's |
fees to a person who prevails as a plaintiff in an action |
authorized under subsection (a) of this Section. |
Section 30. Fair Credit Reporting Act. Nothing in this Act |
shall prohibit employers from conducting a thorough background |
investigation, which may include obtaining a report without |
information on credit history or an investigative report |
without information on credit history, or both, as permitted |
under the Fair Credit Reporting Act. This information shall be |
used for employment purposes only.
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