The credit check bill has been introduced again in both houses of the General Assembly. The legislation, SB 132 and HB 87, would prohibit employers from using an applicant’s credit report or credit history in determining whether to deny employment, discharge the employee, or determine compensation. Certain exemptions are identified for organizations that fall into the following categories:
- Federal or state law requiring it be done;
- Financial institutions which are insured by a federal agency; or,
- An investment advisor regulated with the FCC.
The Maryland Chamber of Commerce opposes the bill because it would provide very narrow exemptions, and does not accurately capture the various types of jobs with supporting financial roles or that require an employee to have access to money, credit cards, and other types of sensitive information and materials. In a competitive labor market, employers need the flexibility to use different factors to determine the best candidate for a position. The Chamber is working to amend the bill to address the business community’s concerns.
Here is a video of Craig Ballew of Ferguson, Schetelich & Ballew P.A., speaking on this issue to the Maryland Association of Chamber of Commerce Executives (MACCE).