THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MURT, SEPTEMBER 18, 2012

REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 18, 2012  

AN ACT

Amending the act of October 27, 1955 (P.L.744, No.222),

entitled, as amended, "An act prohibiting certain practices

of discrimination because of race, color, religious creed,

ancestry, age or national origin by employers, employment

agencies, labor organizations and others as herein defined;

creating the Pennsylvania Human Relations Commission in the

Governor's Office; defining its functions, powers and duties;

providing for procedure and enforcement; providing for

formulation of an educational program to prevent prejudice;

providing for judicial review and enforcement and imposing

penalties," providing for credit report requirement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of October 27, 1955 (P.L.744, No.222),

known as the Pennsylvania Human Relations Act, is amended by

adding a section to read:

Section 5.4.  Credit Report Requirement.--(a)  It shall be an

unlawful discriminatory practice for any employer or any

employer's agent, representative or designee to require an

employe or prospective employe to consent to the creation of a

credit report that contains information about the employe's or

prospective employe's credit score, credit account balances,

payment history, savings or checking account balances or savings

or checking account numbers as a condition of employment unless

one of the following applies:

(1)  Such report is substantially related to the employe's

current or potential job.

(2)  Such report is required by law.

(3)  The position is with the Office of Attorney General,

Pennsylvania State Police or other law enforcement agency.

(b)  For the purposes of this section, "substantially related

to the employe's current or potential job" means the information

contained in the credit report is related to the position for

which the employe or prospective employe who is the subject of

the report is being evaluated because the position:

(1)  is a managerial position which involves setting the

direction or control of the business;

(2)  involves access to customers', employes' or the

employer's personal or financial information other than

information customarily provided in a retail transaction;

(3)  involves a fiduciary responsibility to the employer,

including, but not limited to, the authority to issue payments,

transfer money or enter into contracts;

(4)  requires access to confidential or proprietary

information that derives value from secrecy and efforts are made

to keep it secret; or

(5)  involves regular access to cash totaling $10,000 or more

during the work day.

Section 2.  This act shall take effect in 60 days.