A remidner to all Connecticut employers–
As we wrote not long ago, Connecticut has joined a number of other states in restricting credit reports as a background check for employment screening. Connecticut has joined with Maryland, Oregon, Washington, Hawaii, and Illinois in limited the use of employment credit reports on the grounds they may discriminate against otherwise viable employment candidates. Michigan and at least a dozen other states are considering similar measures.
Effective October 1, 2011, a new law in Connecticut
S.B. 361, signed by Governor Dannel Malloy, will prohibit certain employers from using credit reports in making hiring and employment decisions regarding existing employees or job applicants.
S.B. 361 applies to all employers in Connecticut with at least one employee and prohibits almost all employers from requiring job applicants or current employees to consent to a request for a credit report as a condition of employment. Exceptions to the statute are: employers that are financial institutions as defined under law; credit reports required to be obtained by employers by law; and credit reports “substantially related to the employee’s current or potential job.” These “substantially related” reports are allowable if the position:
Is a managerial position that involves setting the direction or control of a business, division, unit or an agency of a business;
Involves access to personal or financial information of customers, employees or the employer, other than information customarily
provided in a retail transaction;
Involves a fiduciary responsibility to the employer, as defined under the law;
Provides an expense account or corporate debit or credit card;
Provides access to certain confidential or proprietary business information, as defined under the law; or
Involves access to the employer’s nonfinancial assets valued at $2,005 or more, including, but not limited to, museum and library
collections and to prescription drugs and other pharmaceuticals.