§ 9-1130. Unlawful Credit Screening Practices in Employment. 1086

   (1)   Except as provided in subsection (2), it shall be an unlawful discriminatory practice for an employer to procure, to seek a person's cooperation or consent to procure, or to use credit information regarding an employee or applicant in connection with hiring, discharge, tenure, promotion, discipline or consideration of any other term, condition or privilege of employment with respect to such employee or applicant.

   (2)   Subsection (1) shall not apply:

      (a)   reserved; 1086.1

      (b)   to the City of Philadelphia with respect to efforts to obtain information regarding taxes or other debts owed to the City;

      (c)   if such information must be obtained pursuant to state or federal law;

      (d)   if the job requires an employee to be bonded under City, state, or federal law;

      (e)   if the job is supervisory or managerial in nature and involves setting the direction or policies of a business or a division, unit or similar part of a business;

      (f)   if the job involves significant financial responsibility to the employer, including the authority to make payments, transfer money, collect debts, or enter into contracts, but not including handling transactions in a retail setting;

      (g)   if the job requires access to financial information pertaining to customers, other employees, or the employer, other than information customarily provided in a retail transaction; or

      (h)   if the job requires access to confidential or proprietary information that derives substantial value from secrecy.

   (3)   An employer that intends to take an adverse employment action with respect to any person, based in whole or in part on credit information, shall, pursuant to 15 U.S.C. § 1681b(b)(3), provide such person, before taking any adverse action, with a written copy of the information relied, the right to obtain and dispute such information, and such other information as may be required by law. 1086.2

 

Notes

1086	Added, Bill No. 160072 (approved June 7, 2016), effective July 7, 2016.
1086.1	Amended, Bill No. 200413 (approved January 20, 2021).
1086.2	Amended, Bill No. 200614 (approved January 20, 2021).