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(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 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:(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 or investigative consumer report for employment purposes or for making an adverse action described in section 603(k)(1)(B)(ii) against the consumer.
agency—(A) may furnish
(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.
(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).