Credit Reports In Los Angeles
New Consumer Law 2012
AB 22–
Chapter 724 – Civil Code §1785.20.5; Lab. Code §1024.5
Effective
January 1, 2012
Summary: Prohibits an employer or
prospective employer from using a consumer credit report for employment
purposes (with certain exceptions when it is allowed).
Background: The federal Fair Credit
Reporting Act and the California Consumer Credit Reporting Agencies Act
authorizes the use of consumer credit reports for employment purposes under
certain requirements. For many years, employers from various sectors have run
credit checks on job applicants.
The New Law: Prohibits a current or
prospective employer to use a consumer credit report for employment purposes
unless applicant is applying for or is currently holding the following
positions:
- Managerial position.
- Position with the California Department of Justice.
- Sworn peace officer or other law enforcement position.
- Position that involves regular access to the bank or
credit card information, social security number, and date of birth of any
one person. - Position in which the person is named a signatory on
the bank or credit card account of the employer. - Position involving the authority to conduct certain
financial transactions on behalf of the employer. - Position that involves access to confidential or
proprietary information. - Position that involves regular access to cash totaling
$10,000 or more. - Position for which the information contained in the
report is required by law to be disclosed or obtained.
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