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IN SB0025

Bill

Status

Introduced

1/3/2019

Primary Sponsor

Lonnie Randolph

Click for details

Origin

Senate

2019 Regular Session

AI Summary

  • Employers prohibited from using consumer credit reports for employment decisions (hiring, promotion, reassignment, retention) unless the position involves access to money, assets, or confidential information

  • Credit checks permitted for managerial positions, law enforcement, attorney general office positions, city/town/county positions, and positions where credit information is required by law

  • Employers must provide written disclosure before obtaining a credit report and obtain the consumer's written authorization

  • Consumers may bring civil action against violating employers and recover actual damages, punitive damages for willful violations, court costs, and attorney's fees

  • Knowing or intentional violations constitute a Class B infraction, escalating to Class A infraction for repeat offenders; Attorney General may also bring enforcement actions

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 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) a Class B infraction for a knowing or intentional violation of the provision; or (2) a Class A infraction if an employer has a prior unrelated judgment for a violation of the provision.

Last Action

First reading: referred to Committee on Commerce and Technology

1/3/2019

Committee Referrals

Commerce & Technology1/3/2019

Full Bill Text

No bill text available