[§378-2.7]  Employer inquiries into
and consideration of credit history or credit report.  (a)  Notwithstanding
section 378‑2(8):



(1)  Inquiry into and consideration of a prospective
employee's credit history or credit report may take place only after the
prospective employee has received a conditional offer of employment, which may
be withdrawn if information in the credit history or credit report is directly
related to a bona fide occupational qualification;



(2)  The prohibition against an employer's refusal to
hire or employ, barring or terminating from employment, or otherwise discriminating
on the basis of credit history shall not apply to employers who are expressly
permitted or required to inquire into an individual's credit history for
employment purposes pursuant to any federal or state law;



(3)  The prohibition against an employer's refusal to
hire or employ, barring or terminating from employment, or otherwise discriminating
on the basis of credit history shall not apply to managerial or supervisory
employees; and



(4)  The prohibition against an employer's refusal to
hire or employ, barring or terminating from employment, or otherwise discriminating
on the basis of credit history shall not apply to employers that are financial
institutions in which deposits are insured by a federal agency having
jurisdiction over the financial institution.



(b)  For the purposes of this section:



"Managerial employee" means an
individual who formulates and effectuates management policies by expressing and
making operative the decisions of the individual's employer.



"Supervisory employee" means an
individual having authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge, assign, reward, or
discipline other employees, or responsibility to direct them, or to adjust
their grievances, or effectively to recommend such action, if in connection
with the foregoing the exercise of such authority is not of a merely routine or
clerical nature, but requires the use of independent judgment. [L Sp 2009, c 1,
§1]