Equal Employment for All Act of 2015

“(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.”