To embed, copy and paste the code into your website or blog:
On March 23, 2021, Illinois Governor J.B. Pritzker signed into law the Employee Background Fairness Act, which bans the use of criminal convictions in employment actions in Illinois, with limited exceptions.
The law, which we reported upon here after it was passed by the legislature, makes it a civil rights violation to use a conviction record in any employment-related decision, unless (1) there is a “substantial relationship” between the criminal offense and the position, or (2) it would involve an “unreasonable risk” to property or the safety of a specific individual or the general public.
Wednesday, April 14, 2021
Illinois lawmakers recently amended the Illinois Human Rights Act to include new rules on how employers may consider criminal convictions in making employment decisions. With this amendment, no Illinois employer may take adverse action in hiring or firing (or anything in between) based upon an applicant s or employee s conviction record unless the employer can show that:
There is a substantial relationship between the criminal offense and the employment sought or held;
or
Employment of the individual would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
The Substantial Relationship Test
To print this article, all you need is to be registered or login on Mondaq.com.
Executive Summary: On March 23, 2021,
Governor J.B. Pritzker signed into law Illinois Senate Bill 1480
which amends the Illinois Human Rights Act, the Illinois Equal Pay
Act of 2003, and the Illinois Business Corporation Act, and imposes
new obligations on employers. The amendments are available at: https://www.ilga.gov/legislation/publicacts/101/101-0656.htm.
The changes include:
Consideration of Criminal Histories under Illinois Human Rights
Act
Amendments to Illinois Business Corporations Act regarding
employee demographics
New Equal Pay Requirements (including whistleblower protection
for reporting violations of the new requirements)
To embed, copy and paste the code into your website or blog:
Executive Summary: On March 23, 2021, Governor J.B. Pritzker signed into law Illinois Senate Bill 1480 which amends the Illinois Human Rights Act, the Illinois Equal Pay Act of 2003, and the Illinois Business Corporation Act, and imposes new obligations on employers. The amendments are available at: https://www.ilga.gov/legislation/publicacts/101/101-0656.htm. The changes include:
Consideration of Criminal Histories under Illinois Human Rights Act
Amendments to Illinois Business Corporations Act regarding employee demographics
New Equal Pay Requirements (including whistleblower protection for reporting violations of the new requirements)
Illinois Human Rights Act Amendment −
To embed, copy and paste the code into your website or blog:
Restrictions on inquiring into, or using, criminal history information are not new to Illinois employers. For years, Illinois employers been precluded from using an applicant’s arrest history when making hiring or other employment decisions. And, in 2015, Illinois joined the list of “ban the box” states by precluding employers with 15+ employees from inquiring into or considering the criminal record or criminal history of an applicant until after the applicant was selected for an interview or had received a conditional offer of employment.
Effective March 23, 2021, the restrictions have tightened again, through amendments to the Illinois Human Rights Act (“IHRA”), which borrow concepts from the Equal Employment Opportunity Commission (“EEOC”) and the Fair Credit Reporting Act (“FCRA”).