Revision: Jan. 17, 2013, midnight
HB 357 – AS INTRODUCED
2013 SESSION
06/01
HOUSE BILL 357
AN ACT prohibiting an employer from using credit history in employment decisions.
SPONSORS: Rep. Cushing, Rock 21
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill prohibits employers from using credit history in employment decisions.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0595
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT prohibiting an employer from using credit history in employment decisions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Credit Privacy. Amend RSA 275 by inserting after section 70 the following new subdivision:
275:71 Definition. In this subdivision, “Credit history” means any written or other communication of any information by a consumer reporting agency as defined in RSA 359-B:3, VI.
275:72 Unlawful Discriminatory Practice.
I. It shall be an unlawful discriminatory practice for any employer, labor organization, or employment agency to use or request information in the credit history of a job applicant or employee in connection with or as a criterion for employment decisions related to hiring, termination, promotion, demotion, discipline, compensation, or the terms, conditions, or privileges of employment unless the employer is required by state or federal law to use individual credit history for employment purposes.
II. Before an employer may request or use a required credit history, the job applicant or employee shall sign an authorization and consent form which explicitly states the specific purpose, use, and limitation of use of such credit history as it pertains to such employment decision.
III. Before using a consumer report to which the employer is entitled, the employer shall provide to the job applicant or employee:
(a) The name, address, and telephone number of the consumer reporting agency providing the report.
(b) A description of the consumer’s rights under RSA 359-B.
(c) A reasonable opportunity to respond to any information in the report that is disputed by the job applicant or employee.
2 Consumer Credit Reporting; Permissible Purposes of Reports. Amend RSA 359-B:4, I(c)(2) to read as follows:
(2) Intends to use the information for employment purposes when required to do so by state or federal law; or
3 Effective Date. This act shall take effect 60 days after its passage.