Revision: Dec. 1, 2021, 12:20 p.m.
HB 1385 - AS INTRODUCED
2022 SESSION
22-2545
04/11
HOUSE BILL 1385
AN ACT prohibiting the use of credit history in employment decisions.
SPONSORS: Rep. Read, Rock. 17; Rep. Bouchard, Hills. 11; Rep. Toomey, Hills. 32
COMMITTEE: Labor, Industrial and Rehabilitative Services
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ANALYSIS
This bill prohibits an employer from using an employee's or prospective employee's credit history as a criterion for making certain 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2545
04/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT prohibiting the use of credit history in employment decisions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Labor; Protective Legislation; Use of Credit History Prohibited. Amend RSA 275 by inserting after section 37-d the following new section:
275:37-e Use of Credit History Prohibited. No employer, labor organization, or employment agency shall 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 complies with the notice and consent requirements of the Federal Fair Credit Reporting Act, 15 U.S.C. section 1681 et seq. and one or more of the following apply:
I. The employer is required by state or federal law to use individual credit history for employment purposes.
II. The applicant's or employee's job duties involve financial management or responsibility.
III. The position may render the applicant or employee vulnerable to bribery, fraud, or other financial mismanagement.
IV. The employer has a bona fide purpose for requesting or using information in the credit history report that is substantially related to the applicant's or employee’s current or potential job
2 Effective Date. This act shall take effect 60 days after its passage.