Credit informationloan information
Querying or using employee credit information is an illegal employment practice in D.C.
With effect from 7 April 2017, under the new Fair Credit in Employment Amendments Act of 2016 (the "Act"), an amended version of the D.C. Human Rights Act, most D.C. employees are now prevented from obtaining or using the credit information of an actual or potential worker. Failure to comply with the law is deemed an illegal discrimination and may result in an employer being fined by the D.C. Commission on Human Rights or a personal cause of lawsuit.
It removes the capacity of a protected employers, both during the recruitment procedure and during the working life, to examine the credit information of an worker or candidate or to use it in his decision-making processes. In particular, a funded employers is forbidden to "require, require, propose or cause an individual to provide credit information and to use, accept, obtain or request an individual's credit information".
" "Inquiriring" is legally understood to mean any methodology used to collect credit information, comprising application forms, interviewing and credit assessments. Credit information" also comprises all information about the credit rating, solvency, credit rating, solvency or solvency of an individual candidate or staff member. What employer and jobs are included? This new Act will apply to all employees, labour offices and labour organisations in the District of Columbia with the following exceptions:
Vacancies at banks that involve accessing personally identifiable information; vacancies where the employers are obligated by D.C. Act to gather credit information; some vacancies within the D.C. Federal Administration, such as a D.C. Federal Attorney General or a D.C. Chief Finance Officer's Bureau; circumstances where an employers obtain credit information as a result of a summons, judicial order or criminal prosecution.
Like the 2014 D.C. "ban-the-box" Act, which prohibits employer from interviewing candidates for arrest, an injured candidate or worker can lodge an official appeal with the D.C. Human Rights Commission. As the punishment is imposed on the complaining party, the employer should be particularly careful - the workers and candidates included have an incentive to bring an action.
Like other allegations of workplace discriminatory practices under the D.C. Humane Rights Act, workers and candidates can sue in the courts - a legal recourse not possible under D.C.'s ban-the-box Act. Employers should check their job offers and recruitment guidelines and then covered: Eliminate all credit information or applicant's credit histories from the original credit request form; state in the HR Handbook and/or other pertinent political document that, in accordance with this Act, the Company does not ask for credit histories or information from staff; coach your HR staff and others with interview responsibility to prevent credit histories or which could cause an individual to present credit information in an indirect manner; provide training to manager and supervisor on the finite capacity to consider credit histories of candidates and staff.