Quinn Signs Legislation To Help Ex-Offenders Secure Employment
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Quinn Signs Legislation To Help Ex-Offenders Secure Employment
July 22, 2014
On July 19, 2014, Governor Pat Quinn signed legislation that addresses a private employer’s legal ability to ask applicants about their criminal record or criminal history on their initial job application. The legislation is known as the “Job Opportunities for Qualified Applicants Act,” and will become effective January 1, 2015. See Public Act 098-0774. The new law prohibits private employers that employ 15 or more employees from considering, or requiring the disclosure of, an applicant’s criminal record until after the job applicant is determined qualified for a position and notified that the applicant has been selected for an interview. If the employer does not conduct an interview, then the employer cannot require the disclosure of an applicant’s criminal background information until after it makes a conditional offer of employment to the applicant. Some construction jobs, emergency medical jobs, and security jobs are exempt from the requirements of the new law.
The new law does not apply to public sector employers. As a reminder, however, under the Illinois Human Rights Act, all employers with 15 or more employees, including public sector employers, generally may not inquire into or use the fact of an arrest or criminal history record that is expunged or sealed as a basis for an employment decision. Similarly, in April 2012, the EEOC issued an updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions, which addresses an employer’s legal ability to consider criminal arrest and conviction histories in the employment context. For more information regarding the EEOC’s Enforcement Guidance, click here.
In light of the foregoing, it is advisable for employers to reexamine their hiring policies and practices.
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The new law is available for review by clicking here. Please contact any Clark Baird Smith LLP attorney if you have questions regarding the Job Opportunities for Qualified Applicants Act and how it impacts your employment practices and policies.
The CBS LLP Legal Advisory is prepared for general information purposes only. The summaries of recent court opinions and other legal developments are not necessarily inclusive of all the recent legal authority of which you should be aware when making your legal decisions. Thus, while every effort has been made to ensure accuracy, you should not act on the information contained herein without seeking more specific legal advice on the application and interpretation of these developments to any particular situation.
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