California An employer or prospective employer shall not use a consumer credit report for employment purposes, unless an exception is present. The prohibition does not apply if the position is a managerial position, a position for which the information contained in the report is required by law to be disclosed or obtained, certain access to bank or credit card information, social security number, and date of birth of any one person, authority to transfer money or enter into financial contracts, access to confidential or not specified law

Colorado An employer shall not use consumer credit information for employment purposes. If an employer relies on consumer credit information, employer must disclose this fact to the applicant or employee. The prohibition does not apply if: (1) the employer is a bank or financial institution; (2) the report is required by law; or (3) the credit information is substantially related to the employee's current job or a potential job and the employer provides a written disclosure to the employee explaining its bona fide purpose for requesting or using the information in the credit report. If an employer relies on consumer credit information to take adverse action, the employer must disclose this fact and the particular information relied upon to the employee or applicant.Exceptions Penalties Status "Substantially related" means the information contained in the credit report is related to the position for which the employee is being evaluated because the position: 1. Constitutes executive or management personnel or officers or employees who constitute professional staff to executive and management personnel, and the position involves one or more of the following: (a) setting the direction or control of a business, division, unit, or agency of a business; (b) a fiduciary responsibility to the employer; (c) access to customer, employee, or the employer's personal or financial information, other than information customarily provided in a retail transaction; (d) the authority to issue payments, collect debts, or enter contracts; or 2. Involves contracts with defense, intelligence, national security, or civil penalties awarded to a prevailing party by the Division of Labor not to exceed $2500 Law

Connecticut An employer may not require an employee or applicant to consent to a request for a credit report as a condition of employment. The prohibition does not apply to financial institutions, if the report is required by law, if the employer reasonably believes that the employee has engaged in specific activity that constitutes a violation of the law related to the employee's employment, or if the report is substantially related to the job or 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. Jobs for which a credit report is substantially related include managerial jobs, jobs with access to personal or financial information not customarily provided in a retail transaction, jobs with fiduciary responsibility, jobs with an expense account or corporate credit card, access to confidential or proprietary information, or access to non-financial assets valued at $2,005 or more. $300 penalty for each violation Law

Delaware A public employer may not inquire into the credit history or credit score of an applicant in the initial stages of the application up to and including the first interview A public employer may inquire into or consider an applicant's credit history or credit score after it has been determined the applicant is otherwise qualified and the applicant has completed the first interview. Not specified Law

Hawaii It shall be an unlawful discriminatory practice for any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation, terms, conditions, or privileges of employment because of the individual's credit history or credit report Inquiry into and consideration of a prospective employee's credit history or credit report may take place only after the prospective employee has received a conditional offer of employment, which may be withdrawn if information in the credit history or credit report is directly related to a bona fide occupational qualification This prohibition does not apply if the employer is expressly permitted or required to inquire into an individual's credit history for employment purposes pursuant to federal or state law, or to managerial or supervisory employees, or certain financial institutions. Affirmative action, including, but not limited to, hiring, reinstatement, or upgrading of employees with or without backpay, and costs, including attorney's fees. Law

Illinois An employer shall not: fail or refuse to hire or recruit, discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment because of the individual's credit history or credit report; inquire about an applicant's or employee's credit history; or order or obtain an applicant's or employee's credit report from a consumer reporting agency. The law also prohibits retaliation for filing a complaint, supporting an investigation, or opposing a violation under the Act. The prohibition does not apply if satisfactory credit history is a bona fide occupational requirement of a particular position, which requires that one of the following circumstances is present: state or federal law requires bonding or other security covering an individual holding the position, the duties of the position include custody of or unsupervised access to cash or marketable assets valued at $2,500 or more, the duties of the position include signatory power over business assets of $100 or more per transaction, the position is a managerial position which involves setting the direction or control of the business, the position involves access to personal or confidential information, trade secrets, or State or national security information, the position meets criteria established by the U.S. Department of Labor of the Illinois Department of Labor, or the employee's or applicant's credit history is otherwise required by or exempt under federal or State law. Injunctive relief, damages, or both, including costs and attorney's fees to prevailing plaintiff. Law

Maryland An employer may not use an applicant's or employee's credit report or credit history in determining whether to deny employment to the applicant, discharge the employee, or determine compensation or the terms, conditions, or privileges of employment. The prohibition does not apply to an employer that is required under federal or state law to inquire into an applicant's or employee's credit report or credit history, certain financial institutions, credit unions, and investment advisors. Additionally, the prohibition does not apply if the employer has a bona fide purpose for requesting or using the information that is substantially job-related and disclosed in writing to the applicant or employee. Examples of this type of position include managerial positions, positions with access to personal information not customarily provided in a retail transaction, positions with fiduciary responsibility, positions with an expense account or corporate credit card, or positions with access to confidential or proprietary information. Up to $500 for an initial violation; up to $2,500 for a repeat violation. Law

Nevada Employers may not (a) directly or indirectly require, request, suggest or cause any employee or prospective employee to submit a consumer credit report or other credit information as a condition of employment; (b) use, accept, refer to or inquire concerning a consumer credit report or credit information; (c) discharge, discipline, or discriminate against any individual who refuses or declines to submit a credit report; or retaliate against any individual who files a complaint or exercises his/her rights under this statute. This prohibition does not apply if: (1) the employer is required or authorized by law to use a credit report; (2) the employer reasonably believes the employee or applicant engaged in activity violating law; or (3) the information contained in the report is reasonably related to the position which the employee or prospective employee is being evaluated for; the information in a credit report is deemed reasonably related if the duties of the position involve: 1. The care, custody and handling of, or responsibility for, money, financial assets, corporate credit/debit cards, or other assets; 2. Access to trade secrets or other proprietary or confidential information; 3. The direct exercise of law enforcement authority as an employee of a state or local law enforcement agency; 4. The care, custody, and handling of, or responsibility for, the personal information of another; 5. Access to the personal financial information of another person; 6. Employment with a financial institution that is charted under state or federal law; 7. Employment with a licensed gambling establishment Liability is imposed for any legal and equitable relief as deemed appropriate also an administrative penalty of no more than $9,000 for each violation may be imposed Law

Oregon It is an unlawful employment practice for an employer to obtain or use for employment purposes information contained in the credit history of an applicant for employment or an employee, or to refuse to hire, discharge, demote, suspend, retaliate or otherwise discriminate against an applicant or an employee with regard to promotion, compensation, or the terms, conditions or privileges of employment based on information in the credit history of the applicant or employee. The prohibition does not apply to: employers that are federally insured banks or credit unions; employers that are required by state or federal law to use individual credit history for employment purposes; public safety officers; or positions for which the information is substantially job-related and the employer's reasons for the use of such information are disclosed to the employee or prospective employee in writing. Injunctive relief damages, or both, including costs and attorney's fees to prevailing party Law

Vermont An employer shall not: fail or refuse to hire or recurit discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment because of the individual's credit report or credit history; or inquire about an applicant or employee's credit report or credit history. The law also protects employees or applicants from retaliation. The prohibition does not apply if: the information is required by state or federal law or regulation; the position of employment involves access to confidential financial information; the employer is a certain financial institution or credit union; the position is that of law enforcement officer, emergency medical personnel, or firefighter; the position requires a financial fiduciary responsibility; the employer can demonstrate that the information is a valid and reliable predictor of employee performance in the specific position of employment; or the position of employment involves access to an employer's payroll information. Even if the prohibition does not apply, an employer may not use the information as the sole factor in decisions regarding employment, compensation, or a term, condition, or privilege of employment. An employer seeking to obtain or act upon an employee's or applicant's credit report or credit history shall: obtain the employee's or applicant's written consent each time the employer seeks to obtain the employee's or applicant's credit report; disclose in writing to the employee or applicant the employer's reasons for accessing the credit report; ensure that none of the costs associated with obtaining an employee's or applicant's credit report or credit history are passed on to the employee or applicant; and ensure that the information is kept confidential. employment involves access to confidential financial information; the employer is a certain financial institution or credit union; the position is that of law enforcement officer, emergency medical personnel, or firefighter; the position requires a financial fiduciary responsibility; the employer can demonstrate that the information is a valid and reliable predictor of employee performance in the specific position of employment; or the position of employment involves access to an employer's payroll information. Even if the prohibition does not apply, an employer may not use the information as the sole factor in decisions regarding employment, compensation, or a term, condition, or privilege of employment. An employer seeking to obtain or act upon an employee's or applicant's credit report or credit history shall: obtain the employee's or applicant's written consent each time the employer seeks to obtain the employee's or applicant's credit report; disclose in writing to the employee or applicant the employer's reasons for accessing the credit report; ensure that none of the costs associated with obtaining an employee's or applicant's credit report or credit history are passed on to the employee or applicant; and ensure that the information is kept confidential. Injunctive relief, or damages, or both, including costs and attorney's fees. Law