Separating Fact from Fiction: Analyzing the Equal Employment for All Legislation and the Use of Credit Checks in Employment Decisions

On December 17, 2013, Elizabeth Warren (D-Mass.), along with six other senators, introduced a bill, otherwise known as the Equal Employment for All Act, that would amend the Fair Credit Reporting Act (the “FCRA”)  to prohibit employers from using or obtaining consumer reports for prospective and current employees containing any information bearing on the employee’s or applicant’s creditworthiness, credit standing or credit capacity for employment purposes.  Currently, FCRA specifically authorizes employers to do so.  The proposed prohibitions would apply even if the consumer consents or otherwise authorizes the employer to perform the credit check.

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