Illinois Employers Take Note: New Law to Limit When Job Applicant's Criminal Record May Be Considered

On July 19, 2014, Illinois Governor Pat Quinn signed into law a statute that limits when an employer may inquire about and consider a job applicant's criminal record. The law, known as the Job Opportunities for Qualified Applicants Act (Act), becomes effective on January 1, 2015, and will apply to employers with 15 or more employees in the current or preceding calendar year.

Under the Act, covered employers may not inquire about, consider or require disclosure of an applicant's criminal record or criminal history "until the applicant has been determined qualified for the position and notified that [he or she] has been selected for an interview." If no interview will be conducted, the employer must wait to inquire about, consider or require disclosure of an applicant's criminal record or criminal history "until after a conditional offer of employment is made to the applicant."

Please see full advisory below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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