Full Text of HB4658 96th General Assembly
HB4658eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Employee Credit Privacy Act. | 6 |
| Section 5. Definitions. As used in this Act: | 7 |
| "Employee" means an individual who receives compensation | 8 |
| for performing services for an employer under an express or | 9 |
| implied contract of hire. | 10 |
| "Employer" means an individual or entity that permits one | 11 |
| or more individuals to work or that accepts applications for | 12 |
| employment or is an agent of an employer. "Employer" does not, | 13 |
| however, include: | 14 |
| (1) Any bank holding company, financial holding | 15 |
| company, bank, savings bank, savings and loan association, | 16 |
| credit union, or trust company, or any subsidiary or | 17 |
| affiliate thereof, that is authorized to do business under | 18 |
| the laws of this State or of the United States. | 19 |
| (2) Any State law enforcement or investigative unit, | 20 |
| including, without limitation, any such unit within the | 21 |
| Office of any Executive Inspector General, the Department | 22 |
| of State Police, the Department of Corrections, the | 23 |
| Department of Juvenile Justice, or the Department of |
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| Natural Resources.
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| (3) Any State or local government agency which | 3 |
| otherwise requires use of the employee's or applicant's | 4 |
| credit history. | 5 |
| Section 10. Employment based on credit history not | 6 |
| permitted. | 7 |
| (a) Except as provided in this Section, an employer shall | 8 |
| not do either of the following: | 9 |
| (1) Fail or refuse to hire or recruit, discharge, or | 10 |
| otherwise discriminate against an individual with respect | 11 |
| to employment, compensation, or a term, condition, or | 12 |
| privilege of employment because of the individual's credit | 13 |
| history. | 14 |
| (2) Inquire about an applicant's or employee's credit | 15 |
| history. | 16 |
| (b) The prohibition in subsection (a) of this Section does | 17 |
| not prevent an inquiry or employment action if a good credit | 18 |
| history is an established bona fide occupational requirement of | 19 |
| a particular position or a particular group of an employer's | 20 |
| employees. Information concerning an individual's credit | 21 |
| history is not a bona fide occupational requirement unless at | 22 |
| least one of the following circumstances is present: | 23 |
| (1) State or federal law requires bonding or other | 24 |
| security covering an individual holding the position. | 25 |
| (2) The duties of the position include custody of or |
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| unsupervised access to cash or marketable assets valued at | 2 |
| $1,000 or more. | 3 |
| (3) The duties of the position include signatory power | 4 |
| over business assets of $100 or more per transaction. | 5 |
| (4) The position meets criteria in administrative | 6 |
| rules that the Department of Labor has promulgated to | 7 |
| establish the circumstances in which credit history | 8 |
| information is a bona fide occupational requirement.
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| (5) The employee's or applicant's credit history is | 10 |
| otherwise required by federal or State law. | 11 |
| Section 15. Retaliatory or discriminatory acts. A person | 12 |
| shall not retaliate or discriminate against a person because | 13 |
| the person has done or was about to do any of the following: | 14 |
| (1) File a complaint under this Act. | 15 |
| (2) Testify, assist, or participate in an | 16 |
| investigation, proceeding, or action concerning a | 17 |
| violation of this Act. | 18 |
| (3) Oppose a violation of this Act.
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| Section 20. Waiver. An employer shall not require an | 20 |
| applicant or employee to waive any right under this Act. An | 21 |
| agreement by an applicant or employee to waive any right under | 22 |
| this Act is invalid and unenforceable. | 23 |
| Section 25. Remedies. |
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| (a) A person who is injured by a violation of this Act may | 2 |
| bring a civil action in circuit court to obtain injunctive | 3 |
| relief or damages, or both. | 4 |
| (b) The court shall award costs and reasonable attorney's | 5 |
| fees to a person who prevails as a plaintiff in an action | 6 |
| authorized under subsection (a) of this Section.
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