When Can Knowledge Bite You in the Butt

Summary:  In Illinois a new law was signed and goes into effect January 1, 2015 regarding background checks. Many states have similar laws.

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On July 19, 2014, 2014, Illinois Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will go into effect on January 1, 2015. The new law will restrict the timing of pre-employment inquiries by Illinois employers about a job applicant’s criminal past.

Employers Covered by the New Law

The Act applies to private employers who have 15 or more employees in the current or preceding calendar year, and employment agencies. The Act does not apply to public employers.

Be Aware

An employer (or employment agency) covered by the new law “may not inquire about or into, consider or require disclosure” of the criminal record or criminal history of an applicant until after the applicant has been determined to be qualified for the position and notified that the applicant has been selected for an interview. For covered employers who do not conduct interviews, the inquiry into an applicant’s criminal background or history cannot take place until after a conditional offer of employment has been made to the applicant.

The Act provides that an employer may still notify applicants in writing of any specific offenses that would disqualify an applicant from employment “due to federal or State law or the employer’s policy.”

Beware

Employers should continue to be careful to avoid hiring actions that would give rise to potential claims under other federal or State laws, such as the federal Fair Credit Reporting Act (FCRA) and Title VII.

The Act gives the Illinois Department of Labor (IDOL) the authority to impose a warning for the first offense, followed by civil penalties for subsequent offenses or does not remedy the initial violation.

Action Steps for Employers

Illinois and multi-state employers should consult with your HR consultant and/or employment lawyers to ensure your current job application complies with applicable laws, including Illinois’ new law.

For more information visit http://ilga.gov/legislation/fulltext.asp?DocNum=5701&DocTypeID=HB&GAID=11&SessionID=84

About the author:

Graham Investigation offers a variety of services to help employers maintain a safe and productive workplace. Visit www.grahaminvestigation.com to learn more about our workplace solutions.

This update is provided for information purposes only, and should not be construed as legal advice, Graham Investigation is not a law firm and therefore is not qualified to offer legal advice. No reader of this newsletter/blog should act on the basis of any content included herein without seeking appropriate legal advice from counsel.