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Criminal background questions used to be standard fare on job applications. This may now be unlawful. Multiple locations have passed so-called “ban-the-box” or “fair chance” laws that prohibit or limit employers’ ability to ask about or consider a person’s criminal history as part of the job application process. In addition, certain processes and notices may be required before making “adverse” employment decisions based on a person’s criminal history. New laws have been implemented and existing laws modified to tighten these restrictions in significant ways.
New York City, for example, has radically expanded its Fair Chance Act – which has been in place since 2015 and requires a complicated analysis and mandated actions when prior criminal history is disclosed. Recent amendments make it even harder for New York City employers, who were previously permitted to rescind a promotion or even terminate an em
Seyfarth Synopsis: Illinois currently has a ban-the-box law restricting employers from asking about criminal history generally until after an interview and the state’s Human Rights Act.
In January 2021, the Illinois legislature passed Senate Bill 1480 (SB 1480) to amend the Illinois Human Rights Act (IHRA) that would impact employers under the state’s “Ban the Box” law that prevents employers from asking job applicants about criminal histories on applications. The bill was sent to Governor J.B. Pritzker to sign into law.
SB 1480 would make using conviction records in employment-related decisions a civil rights violation unless there is a “substantial relationship” between the criminal offense and the position or involve an “unreasonable risk” to property or the safety of individuals or the general public. Employers would be required to consider these factors:
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With the new year, it is important for employers to keep in mind several laws that are newly applicable and a recent court opinion. Also, currently pending legislation, likely to be enacted soon, will create additional obligations for Illinois employers.
Illinois Senate Bill 1480 May Create New Obligations for Illinois Employers
We anticipate that Illinois Senate Bill 1480 (“the Bill”) will be signed soon by Governor Pritzker and will likely impact employers as follows:
Amendment to the Illinois Human Rights Act Regarding Employment Decisions Based on Criminal Convictions. The Bill amends the Illinois Human Rights Act to require that Illinois employers who seek to make employment decisions based on a criminal conviction record demonstrate the following: (i) a substantial relationship between the conviction and the position sought; or (ii) that the granting of employment would involve an unreasonable risk to propert