1Amending the act of October 27, 1955 (P.L.744, No.222),
2entitled, as amended, "An act prohibiting certain practices
3of discrimination because of race, color, religious creed,
4ancestry, age or national origin by employers, employment
5agencies, labor organizations and others as herein defined;
6creating the Pennsylvania Human Relations Commission in the
7Governor's Office; defining its functions, powers and duties;
8providing for procedure and enforcement; providing for
9formulation of an educational program to prevent prejudice;
10providing for judicial review and enforcement and imposing
11penalties," providing for credit reporting.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. The act of October 27, 1955 (P.L.744, No.222),
15known as the Pennsylvania Human Relations Act, is amended by
16adding a section to read:

17Section 5.4. Credit Report Requirement.--(a) It shall be an
18unlawful discriminatory practice for an employer to require, as
19a condition of employment, an employe or prospective employe to
20consent to the creation of a credit report that contains
21information about the employe's or prospective employe's credit
22score, credit account balances, payment history, savings or

1checking account balances or savings or checking account numbers
2unless one of the following applies:

3(1) The report is substantially related to the employe's
4current or potential job.

5(2) The report is required by law.

6(3) The position is with the Office of Attorney General,
7Pennsylvania State Police or another law enforcement agency.

8(b) For the purposes of this section, "substantially related
9to the employe's current or potential job" means related to the
10position for which the employe or prospective employe who is the
11subject of the report is being evaluated because the position:

12(1) is a managerial position which involves setting the
13direction or control of the business;

14(2) involves access to customers', employes' or the
15employer's personal or financial information other than
16information customarily provided in a retail transaction;

17(3) involves a fiduciary responsibility to the employer,
18including the authority to issue payments, transfer money or
19enter into contracts;

20(4) requires access to confidential or proprietary
21information that derives value from secrecy and efforts are made
22to keep it secret; or

23(5) involves regular access during the work day to cash
24totaling at least $10,000.

25Section 2. The addition of section 5.4 of the act shall not
26apply to employment contracts entered into or renewed prior to
27the effective date of this section.

28Section 3. This act shall take effect in 60 days.