Proposed Bills Would Limit Employers’ Use of Credit Checks

A bill (A2561) introduced in the Assembly on March 16 would prohibit employers from requiring as a condition of employment that prospective or current employees consent to a credit check unless the employer: (1) is required by law to obtain that information; (2) reasonably believes the individual has engaged in unlawful activity; or (3) good credit history is a bona fide job qualification. Under the bill, employers also are prohibited from requiring as a condition of employment that individuals waive or limit any protection under the proposed law. The bill also would prohibit employers from retaliating or discriminating against individuals because they have filed a complaint, participated in a proceeding or otherwise opposed a violation of the proposed law.

A second bill (S1791) would amend New Jersey’s Law Against Discrimination to make it an unlawful employment practice for employers to discriminate on the basis of an individual’s credit history or financial status except where good credit history or financial status is a bona fide condition of employment. The bill instructs that good credit history or financial status will be considered a bona fide job qualification where an individual is being evaluated for a position that: (1) is a managerial position involving direction or control of the business; (2) involves access to certain personal or financial information; (3) consists of fiduciary responsibilities to the employer; or (4) provides the individual with access to an expense account.