The new Law 31944 will prevent an applicant’s credit information from being used against them during a job selection process, a situation that directly affects the Cepris business (Private Risk Information Centers), such as Equifax and Sentinel.
Pamela Duffy, partner in the labor area of Dentons Peru, clarifies that companies that outsource with Cepris may continue to request the data, but with the applicant’s permission. Even so, they will not be able to resort to that history.
This creates a perverse incentive, according to other specialists consulted. There is no guarantee that companies will access the history through other channels or that, once authorized, they will choose one worker over another based on this criterion.
“It will be the worker, within the process, who warns “If the information that the company requires when evaluating you can constitute an act of discrimination,” says Duffy.
Consulted by La República, Equifax He assured that the new rule “does not have any effect on them,” since their reports are not intended “to be used for employment hiring.”
Not all activities are considered in this law. Asbanc clarifies that, for example, financial entities such as banks, savings banks and finance companies are exempt. Duffy considers that positions related to accounting or management of funds and accounts of a company could also be excluded.
There is also no clarity on whether it will be applied in the public sector. MEF was unable to respond to whether in the future there could be defaulting officials in Jr. Junín.
Source: Larepublica
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