119-s2798

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2798 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2798

To amend the Fair Credit Reporting Act to prohibit the use of consumer 
 credit checks against prospective and current employees for the 
 purposes of making adverse employment decisions.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 September 15, 2025

Ms. Warren (for herself, Mr. Markey, Mr. Blumenthal, Mr. Fetterman, Mr. 
 Booker, Mr. Sanders, Ms. Hirono, Mr. Murphy, Mr. Merkley, Mr. Durbin, 
and Mr. Wyden) introduced the following bill; which was read twice and 
 referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

 A BILL

To amend the Fair Credit Reporting Act to prohibit the use of consumer 
 credit checks against prospective and current employees for the 
 purposes of making adverse employment decisions.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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 ``within the 
 restrictions set forth in subsection

    (b) '' after ``purposes'';

    (2) by redesignating subsections

    (b) through

    (g) as 
 subsections
            (c) through

    (h) , respectively;

    (3) 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 even if the 
 consumer consents or otherwise authorizes the procurement or 
 use of a consumer report for employment purposes or in 
 connection with an adverse action with respect to the consumer.
 ``

    (3) Exceptions.--Notwithstanding the prohibitions set 
 forth in this subsection, and consistent with the other 
 sections of this Act, an employer may use a 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 for employment purposes or 
 for making an adverse action against the consumer.''; and

    (4) 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 ``agency--
 ``
        (A) may furnish''; and
            (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.''; and
        (B) 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'' and 
 inserting ``Subject to the restrictions set forth in 
 subsection 604

    (b) , a''.

    (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) ''.
 <all>