Client Alert - Employment Law Update
Illinois Enacts Law Banning Employers From Inquiring About Criminal History
On July 19, 2014, Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act. The new law prohibits employers from asking about most job applicants' prior criminal history, and takes effect January 1, 2015.
The new law prohibits a private employer with more than 15 employees from inquiring about or considering an applicant’s criminal history until the applicant has been determined to be qualified for the job, and selected for an interview. If the hiring process is conducted without an interview, the employer cannot make these inquiries until after issuing a conditional offer.
There are exceptions under the new law, which does not apply to the following types of positions: (1) those where federal or state law prohibit workers with criminal convictions, (2) those where a criminal conviction would disqualify an applicant from obtaining a necessary bond, and (3) those where licensing under the Emergency Medical Services Systems Act is required.
The Illinois Department of Labor will investigate and enforce the new law, and has the authority to impose civil penalties, which can reach $1,500 per violation or $1,500 for every 30 days a violation goes unremedied.
What to Do
Employers should begin by reviewing their application forms and hiring practices to ensure compliance with the new law. Also, employers should review their job descriptions to determine whether any of the exceptions apply to applicants. In addition, if employers regularly conduct background checks as part of their hiring process, they should ensure that no criminal history information is obtained prior to an interview or conditional job offer.
If you have any questions about how this legislative enactment will affect your business or have questions about your employment policies and practices in general, please contact Mr. Gonzalez at 312-558-9779 or at egonzalez@elvisgonzalezltd.com.