Illinois Gov. Quinn Signs Ban-the-Box Legislation, Prohibiting Most Private Employers From Asking Applicants About Convictions


Fast Laner reported that Illinois Governor Pat Quinn was poised to sign legislation prohibiting most private employers from inquiring about an applicant’s criminal convictions until they have made a decision regarding whether the candidate is qualified for the position (including interviewing the candidate) or, if no interviews are conducted for the position, after making a conditional job offer. On July 19, 2014, Governor Quinn signed the law, which becomes effective on January 1, 2015.  The law applies to employers with 15 or more employees and all temporary staffing agencies.  It does not apply to public employers, or employers who employ persons in positions that are prohibited by state or federal law from having certain convictions, among other exemptions.  By January 1, 2015, employers covered by this new law should remove all questions from their application and hiring materials about an applicant’s criminal convictions.  Employers can still conduct background checks or inquire about criminal convictions; the law only affects when they can conduct such background checks.

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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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