H.R. 5354

119th CONGRESS 1st Session

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 HOUSE OF REPRESENTATIVES · September 15, 2025 · Sponsor: Mr. Cohen · Committee: Committee on Financial Services

Table of contents

• H.R. 5354
  • SEC. 1. Short title
  • SEC. 2. Use of credit checks prohibited for employment purposes

SEC. 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 () is amended— 15 U.S.C. 1681b
    • in subsection (a)(3)(B), by inserting after ;
    • by redesignating subsections (b) through (g) as subsections (c) through (h), respectively;
      • (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—
            • for employment purposes; or
            • 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 regardless of whether the consumer consents or otherwise authorizes the procurement or use of a consumer report or investigative consumer report for employment purposes or in connection with an adverse action described in section 603(k)(1)(B)(ii) with respect to the consumer.
        • (3) Exceptions
          • Notwithstanding the prohibitions set forth in this subsection, an employer may use a consumer report or investigative consumer report with respect to a consumer in the following situations:
            • When the consumer applies for, or currently holds, employment that requires national security clearance.
            • 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 or investigative consumer report for employment purposes or for making an adverse action described in section 603(k)(1)(B)(ii) against the consumer.
    • by inserting after subsection (a) the following new subsection:
    • in subsection (c), as so redesignated—
      • 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 ;
        • (v) by striking and inserting
          • agency—
            • may furnish
        • (vi) by adding at the end the following new subparagraph:
          • 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.
        • (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).
      • by adding at the end the following new paragraph:
• (b) Conforming amendments and cross references
  • The Fair Credit Reporting Act is further amended as follows:
    • In section 603 ()— 15 U.S.C. 1681a
      • in subsection (d)(3), by striking 604(g)(3)and inserting 604(h)(3); and
      • in subsection (o), by striking A communicationand inserting Subject to the restrictions set forth in subsection 604(b), a communication.
    • In section 604 ()— 15 U.S.C. 1681b
      • in subsection (a), by striking subsection (c)and inserting subsection (d);
      • in subsection (c), as redesignated by subsection (a)(2) of this section—
        • (i) in paragraph (2)(A), by inserting after ; and
        • (ii) in paragraph (3)(A), by inserting after ;
      • in subsection (d)(1), as redesignated by subsection (a)(2) of this section, by striking in both places that term appears and inserting subsection (f); and
      • 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).
    • In section 607(e)(3)(A) (), by striking 604(b)(4)(E)(i)and inserting 604(c)(4)(E)(i). 15 U.S.C. 1681e(e)(3)(A)
    • In section 609 ()— 15 U.S.C. 1681g
      • in subsection (a)(3)(C)(i), by striking 604(b)(4)(E)(i)and inserting 604(c)(4)(E)(i); and
      • in subsection (a)(3)(C)(ii), by striking 604(b)(4)(A)and inserting 604(c)(4)(A).
    • In section 613(b) () by striking section and inserting section 604(c)(4)(A). 15 U.S.C. 1681k(b)
    • In section 615 ()— 15 U.S.C. 1681m
      • in subsection (d)(1), by striking section 604(c)(1)(B)and inserting section 604(d)(1)(B);
      • in subsection (d)(1)(E), by striking section 604(e)and inserting section 604(f); and
      • in subsection (d)(2)(A), by striking section 604(e)and inserting section 604(f).