CONNECTICUT

Use of Credit Report

Effective October 1, 2011

The following are positions where a credit report is deemed substantially job related:

• Any position with a state or federally charted financial institution;
• A managerial position which involves the direction or control of a unit, division or agency of a business;
• An employee will have access to personal or financial information of customers, employees or the employer if that information is beyond that presented in a typical retail transaction;
• An employee has authority to issue payments, transfer money or enter into contracts on behalf of employer;
• An employee has an expense account, company debit or credit card;
• An employee has access to confidential/proprietary business information or trade secrets;
• A credit report is required by law;
• Catch all – the employer has a bona fide purpose for requesting or using information in the credit report that is substantially job related and is disclosed in writing to the employee or applicant.

MARYLAND

Use of Credit Report

 Effective October 1, 2011

User Restriction, Credit Reports MD Code, Labor and Employment §3-711, Bona Fide purposes include:

• A manager of a business, department, division, unit or agency;
• Those having access to personal information of a customer, employee or employer (except customer information supplied in a typical retail transaction is not included);
• A position having a fiduciary responsibility to the employer, including the issuance of payments, collecting debts, transfer of money or entering into contracts on behalf of employer;
• An employee having an expense account or corporate debit or credit card;
• An employee with access to a formula, pattern, computation, program, device, method, technique or process that (a) is a business secret and the one who discloses could obtain economic value there from and (b) the employer maintains reasonable procedures to keep the information secret.

ILLINOIS

Use of Credit Report

Effective in 08/2010

See 820 ILCS 70/10. Excluded Employers include:

• All state and federal financial institutions and their holding companies;
• Any company engaged in the insurance/surety business, including any person acting on behalf of such company;
• State law enforcement including the office of any Executive Inspector General, state police, Department of Corrections, Department of Juvenile Justice and Department of Natural Resources;
• Any state or local government agency; and
• A debt collector as defined under federal or state law.

OREGON

Use of Credit Report

Effective July 1, 2010

Per OAC Code 839-005-0080, the term “substantially job related” has been limited by the Labor Department to positions that require:

1) as an essential job function to have access to financial information beyond that customarily is a part of a retail transaction such as an exchange of cash, checks, credit or debit cards. The processing of loans or extensions of credit would permit a credit report if access to more detailed financial information is required to do the job ;

 2) A credit report is necessary to obtain a surety or fidelity bond.

HAWAII

Use of Credit Report

Effective in 2009

An employer may only order a credit report after an offer of employment has been made but only regarding the following:

(1) Employers authorized to obtain a credit report under some other state or federal law;

(2) Managerial or supervisory employees who use independent, judgment to perform their job;

(3) Employers of federally insured financial institutions; HRS §378-2.7.

WASHINGTON

Use of Credit Report

Effective in 2007

• Substantially job related and the employer's reasons for the use of such information are disclosed to the consumer in writing; or
• (ii) Required by law

<< Back