NEW ILLINOIS LAW PROHIBITS USE OF CRIMINAL CONVICTIONS: Guide For Employers And Sample Forms

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SmithAmundsen LLC

As we previously blogged about, the Illinois legislature passed Senate Bill 1480, which, in relevant part, provides that unless otherwise authorized by law, an employer may only consider an individual’s criminal conviction history if there is a substantial relationship between the criminal history and the position sought or held, or if the employer can show that the individual’s employment raises an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. Governor Pritzker has now signed the bill into law – which went into effect immediately. SmithAmundsen LLC’s Labor & Employment Group has been intimately involved in the tracking of this legislation and continues to voice concerns on behalf of employers. With that in mind, our firm has created an EMPLOYER’S GUIDE to help employers not only navigate the new mandates, but also includes sample forms  that may prove useful to employers at this critical time.

While this law would not restrict employers from running criminal background checks on applicants or employees, it clearly creates many unique challenges. Undoubtedly, Illinois’ new law is the most restrictive and cumbersome in the country.

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