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
Illinois has long limited employers from considering the criminal history of an applicant or employee in making employment decisions. The Illinois Human Rights Act prohibits employers.
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In 2015, Illinois became one of the first states to enact a “ban the box” law, preventing employers from inquiring about criminal histories on employment applications. The “ban the box” law followed a general prohibition in Illinois under the Illinois Human Rights Act (IHRA) on basing any employment decisions on an applicant’s or employee’s arrest history. Now, Illinois is set to go one step further and ban the use of criminal convictions in employment actions, with limited exceptions.
On January 13, 2021, the last day before the previous General Assembly adjourned, the Illinois legislature passed Senate Bill 1480 as part of an ambitious lame duck legislative agenda. The bill amends the IHRA to make 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 involv