119-HR5354

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 5354

1. Short title
2. Use of credit checks prohibited for employment purposes

1. Short title

This Act may be cited as the "Equal Employment for All Act of 2025".

2. Use of credit checks prohibited for employment purposes

(a) Prohibition for employment and adverse action - Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended—

(1) - in subsection (a)(3)(B), by inserting "subject to the requirements set forth in subsection (b)" after "purposes";

(2) - by redesignating subsections (b) through (g) as subsections (c) through (h), respectively;

(3) Use of certain consumer report prohibited for employment purposes or adverse action - by inserting after subsection (a) the following new subsection:

(b) Use of certain consumer report prohibited for employment purposes or adverse action -

(1) General prohibition - Except as provided in paragraph (3), a person, including a prospective employer or current employer, may not use a consumer report or investigative consumer report, or cause a consumer report or investigative consumer report to be procured, with respect to any consumer where any information contained in the report bears on the creditworthiness, credit standing, or credit capacity of the consumer—

(A) - for employment purposes; or

(B) - for making an adverse action, as described in section 603(k)(1)(B)(ii).

(2) Source of consumer report irrelevant - The prohibition described in paragraph (1) shall apply regardless of whether the consumer consents or otherwise authorizes the procurement or use of a consumer report or investigative consumer report for employment purposes or in connection with an adverse action described in section 603(k)(1)(B)(ii) with respect to the consumer.

(3) Exceptions - Notwithstanding the prohibitions set forth in this subsection, an employer may use a consumer report or investigative consumer report with respect to a consumer in the following situations:

(A) - When the consumer applies for, or currently holds, employment that requires national security clearance.

(B) - When otherwise required by law.

(4) Effect on disclosure and notification requirements - The exceptions described in paragraph (3) shall have no effect upon the other requirements of this Act, including requirements in regards to disclosure and notification to a consumer when permissibly using a consumer report or investigative consumer report for employment purposes or for making an adverse action described in section 603(k)(1)(B)(ii) against the consumer.

(4) Requirements for consumer reports bearing on the consumer’s creditworthiness, credit standing, or credit capacity - in subsection (c), as so redesignated—

(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" and inserting

(A) - may furnish

(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.

(B) Requirements for consumer reports bearing on the consumer’s creditworthiness, credit standing, or credit capacity - 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).

(b) Conforming amendments and cross references - The Fair Credit Reporting Act is further amended as follows:

(1) - In section 603 (15 U.S.C. 1681a)—

(A) - in subsection (d)(3), by striking "604(g)(3)" and inserting "604(h)(3)"; and

(B) - in subsection (o), by striking "A communication" and inserting "Subject to the restrictions set forth in subsection 604(b), a communication".

(2) - In section 604 (15 U.S.C. 1681b)—

(A) - in subsection (a), by striking "subsection (c)" and inserting "subsection (d)";

(B) - in subsection (c), as redesignated by subsection (a)(2) of this section—

(i) - in paragraph (2)(A), by inserting "and subject to the restrictions set forth in subsection (b)" after "subparagraph (B)"; and

(ii) - in paragraph (3)(A), by inserting "and subject to the restrictions set forth in subsection (b)" after "subparagraph (B)";

(C) - in subsection (d)(1), as redesignated by subsection (a)(2) of this section, by striking "subsection (e)" in both places that term appears and inserting "subsection (f)"; and

(D) - in subsection (f), as redesignated by subsection (a)(2) of this section—

(i) - in paragraph (1), by striking "subsection (c)(1)(B)" and inserting "subsection (d)(1)(B)"; and

(ii) - in paragraph (5), by striking "subsection (c)(1)(B)" and inserting "subsection (d)(1)(B)".

(3) - In section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by striking "604(b)(4)(E)(i)" and inserting "604(c)(4)(E)(i)".

(4) - In section 609 (15 U.S.C. 1681g)—

(A) - in subsection (a)(3)(C)(i), by striking "604(b)(4)(E)(i)" and inserting "604(c)(4)(E)(i)"; and

(B) - in subsection (a)(3)(C)(ii), by striking "604(b)(4)(A)" and inserting "604(c)(4)(A)".

(5) - In section 613(b) (15 U.S.C. 1681k(b)) by striking section "604(b)(4)(A)" and inserting "section 604(c)(4)(A)".

(6) - In section 615 (15 U.S.C. 1681m)—

(A) - in subsection (d)(1), by striking "section 604(c)(1)(B)" and inserting "section 604(d)(1)(B)";

(B) - in subsection (d)(1)(E), by striking "section 604(e)" and inserting "section 604(f)"; and

(C) - in subsection (d)(2)(A), by striking "section 604(e)" and inserting "section 604(f)".