Staff Analysis of the Legislation
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This legislation makes it a misdemeanor for a county to request, require or obtain a credit check of an employee or a job applicant as a condition of employment, as well as to refuse to hire, discharge from employment or otherwise discriminate against an employee or applicant because of information in a credit check unless the information in the credit check is required by law or there is a bona fide occupational qualification for the credit check. The legislation also provides a private right of action for any employee or applicant harmed by a violation. An employee or applicant is entitled to injunctive relief (e.g., reinstatement), damages, attorney's fees and court costs. Counties could still use credit checks for managerial positions involving direction and control of the county, for positions with access to personal or financial information of employees and citizens, and positions involving a fiduciary responsibility to the county such as the authority to issue payments, transfer money or enter into contracts. |