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IN SB0023
Bill
Status
1/3/2017
Primary Sponsor
Lonnie Randolph
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AI Summary
Senate Bill No. 23 Summary
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Prohibits employers from using consumer reports for employment purposes unless the information is substantially job-related to positions with access to money, assets, or confidential information, and the position is managerial, with a government agency, law enforcement, or required by law.
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Requires employers to provide written disclosure to consumers before obtaining consumer reports and obtain written authorization, while complying with federal Fair Credit Reporting Act requirements.
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Allows consumers to bring civil actions against employers who violate these provisions and recover actual damages, punitive damages for willful violations, court costs, and reasonable attorney's fees.
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Permits the Indiana attorney general to bring enforcement actions to enjoin violations or recover damages on behalf of affected Indiana residents, with the attorney general entitled to recover costs and reasonable attorney's fees in successful actions.
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Makes knowing or intentional violations a Class B infraction, elevated to a Class A infraction if the employer has a prior unrelated judgment for violation; effective July 1, 2017.
Legislative Description
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 the 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) a Class B infraction for a knowing
Last Action
First reading: referred to Committee on Pensions and Labor
1/3/2017