Credit History Discrimination

Given the recent tanking of our country's economy, Illinois (and a number of other states) have enacted laws which protect employees from credit history discrimination.  And this makes sense given that someone with a negative credit history likely needs a job to dig out of that hole and if he or she is unable to get one a vicious cycle could ensue. 

So what does the prohibition against credit history discrimination mean?  Well, in Illinois it means that employers cannot inquire about or refuse to hire, fire or otherwise discriminate against workers on the basis of their credit reports.

The bill also forbids retaliation or discrimination against those who file complaints under the law. The laws provide employees with a civil right of action.

There are some industries that are exempt from this new law including but not necessarily limited to: insurance, banks and law enforcement agencies. And, of course, there is the ever-present catch-all.  In this case it is for jobs in which a satisfactory credit history is an “established bona fide occupational requirement” such as jobs in which state or federal law requires bonding or in which duties include access to cash or assets valued at $2,500 or more.  This catch-all is important because it could, feasibly, cover far more jobs than I believe the legislature intended to cover. Nevertheless, something is better than nothing and this law, at a minimum, will make employers think twice before making discriminatory assumptions about employees' credit histories. 

 

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