104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3277
 
Introduced 2/18/2025, by Rep. Joyce Mason
 
SYNOPSIS AS INTRODUCED:
 
820 ILCS 70/10
    Amends the Employee Credit Privacy Act. Provides that an employer shall not order or obtain an applicant's social security number, except for the purpose of conducting a background check of the applicant at the time the background check is completed. Provides that the provision does not prohibit an employer from obtaining an employee's social security number after the employee has been hired.


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A BILL FOR
 
HB3277LRB104 08394 SPS 18445 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Employee Credit Privacy Act is amended by 
5changing Section 10 as follows:
 
6    (820 ILCS 70/10)
7    Sec. 10. Employment based on credit history or credit 
8report not permitted. 
9    (a) Except as provided in this Section, an employer shall 
10not do any of the following:
11        (1) Fail or refuse to hire or recruit, discharge, or 
12    otherwise discriminate against an individual with respect 
13    to employment, compensation, or a term, condition, or 
14    privilege of employment because of the individual's credit 
15    history or credit report.
16        (2) Inquire about an applicant's or employee's credit 
17    history.
18        (3) Order or obtain an applicant's or employee's 
19    credit report from a consumer reporting agency.
20        (4) Order or obtain an applicant's social security 
21    number, except for the purpose of conducting a background 
22    check of the applicant at the time the background check is 
23    completed. 
 
 
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1    (b) The prohibition in subsection (a) of this Section does 
2not prevent an inquiry or employment action if a satisfactory 
3credit history is an established bona fide occupational 
4requirement of a particular position or a particular group of 
5an employer's employees. A satisfactory credit history is not 
6a bona fide occupational requirement unless at least one of 
7the following circumstances is present:
8        (1) State or federal law requires bonding or other 
9    security covering an individual holding the position.
10        (2) The duties of the position include custody of or 
11    unsupervised access to cash or marketable assets valued at 
12    $2,500 or more.
13        (3) The duties of the position include signatory power 
14    over business assets of $100 or more per transaction.
15        (4) The position is a managerial position which 
16    involves setting the direction or control of the business.
17        (5) The position involves access to personal or 
18    confidential information, financial information, trade 
19    secrets, or State or national security information.
20        (6) The position meets criteria in administrative 
21    rules, if any, that the U.S. Department of Labor or the 
22    Illinois Department of Labor has promulgated to establish 
23    the circumstances in which a credit history is a bona fide 
24    occupational requirement.
25        (7) The employee's or applicant's credit history is 
26    otherwise required by or exempt under federal or State 
 
 
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1    law. 
2    (c) The prohibition in paragraph (4) of subsection (a) 
3does not prohibit an employer from obtaining an employee's 
4social security number after the employee has been hired. 
5(Source: P.A. 96-1426, eff. 1-1-11.)