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IN SB0015
Bill
Status
1/6/2015
Primary Sponsor
Lonnie Randolph
Click for details
AI Summary
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Prohibits employers from using consumer reports for employment purposes unless the information is substantially job-related (applicant has or would have access to money, assets, or confidential information) and the position is managerial, government, law enforcement, or otherwise requires the report by law.
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Requires employers to provide written disclosure to consumers before obtaining consumer reports and obtain written authorization, following federal Fair Credit Reporting Act requirements.
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Allows consumers to bring civil actions against employers for violations, with courts able to award actual damages, punitive damages for willful violations, court costs, and reasonable attorney's fees.
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Authorizes the Indiana Attorney General to bring actions to enjoin violations and recover damages on behalf of affected Indiana residents, with successful actions resulting in recovery of costs and attorney's fees.
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Establishes criminal penalties of Class B infraction for knowing or intentional violations, escalating to Class A infraction if employer has a prior unrelated judgment for violation, effective July 1, 2015.
Legislative Description
Use of consumer reports for employment purposes. Use of consumer reports for employment purposes. Prohibits an employer from using a consumer report for employment purposes unless certain conditions apply. Allows a consumer to bring a civil action against an employer for a violation of this provision. Provides that if the attorney general has reason to believe that an employer has violated the provision, the attorney general may bring one or both of the following: (1) An action to enjoin the violation. (2) An action to recover damages sustained by Indiana residents as a result of the violation. Makes it: (1)
Last Action
First Reading: referred to Committee on Pensions & Labor
1/6/2015