Equal Employment for All Act of 2021

To amend the Fair Credit Reporting Act to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions. 1. Short title This Act may be cited as the Equal Employment for All Act of 2021 2. Use of credit checks prohibited for employment purposes Section 604 of the Fair Credit Reporting Act ( 15 U.S.C. 1681b (1) in subsection (a)(3)(B), by inserting , subject to the requirements of subsection (b) purposes (2) in subsection (b)— (A) in paragraph (1)— (i) by amending the paragraph heading to read as follows: Use of consumer reports for employment purposes (ii) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and by moving such subclauses two ems to the right; (iii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses two ems to the right; (iv) by striking the period at the end of clause (ii) (as so redesignated) and inserting ; and (v) by striking agency may furnish agency— (A) may furnish ; and (vi) by adding at the end the following new subparagraph: (B) except as provided in paragraph (5), may not furnish a consumer report with respect to any consumer in which any information contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity to an employer if the employer seeks to use such information in a denial of employment or any other decision made for employment purposes. ; and (B) by adding at the end the following new paragraph: (5) Requirements for consumer reports bearing on the consumer’s creditworthiness, credit standing, or credit capacity (A) Exceptions An employer may use a consumer report with respect to any consumer in which any information contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity in a decision made for employment purposes or before taking an adverse action for employment purposes only if the consumer authorizes the procurement of the report as described in paragraph (2)(A)(ii) and— (i) the consumer applies for, or currently holds, employment that requires the consumer to be eligible for access to classified information; or (ii) when otherwise required by law. (B) Limitation A person who seeks to obtain or use a consumer report with respect to any consumer in which any information contained in the report bears on the consumer’s creditworthiness, credit standing, or credit capacity may not deny employment to the consumer or make any other decision for employment purposes with respect to the consumer because the consumer has not authorized the procurement of the report as described in paragraph (2)(A)(ii). .

Summary: Equal Employment for All Act of 2021 This bill prohibits a consumer reporting agency from furnishing an employer with a consumer credit report containing information on the consumer's creditworthiness, credit standing, or credit capacity if the employer intends to use that information for any decision made for employment purposes. An employer may use such a report in either an employment decision or before taking an adverse employment action with the consumer's authorization under certain circumstances. Specifically, a report may be used if the consumer applies for or holds employment that requires eligibility for access to classified information or such use is otherwise required by law. An employer who has sought such a report may neither deny employment to nor make any other employment decision about a consumer because the consumer has not authorized the employer's procurement of the report.