[§378-2.7]  Employer inquiries intoand consideration of credit history or credit report.  (a)  Notwithstandingsection 378‑2(8):

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report may take place only after theprospective employee has received a conditional offer of employment, which maybe withdrawn if information in the credit history or credit report is directlyrelated to a bona fide occupational qualification;

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

(3)  The prohibition against an employer's refusal tohire or employ, barring or terminating from employment, or otherwise discriminatingon the basis of credit history shall not apply to managerial or supervisoryemployees; and

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

(b)  For the purposes of this section:

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

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