Illinois Update on Use of Criminal Conviction Records by Employers - A News Article from Creative Services, Inc. - Mansfield, MA

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04.27.21

Illinois Update on Use of Criminal Conviction Records by Employers

Illinois is the latest state to join the growing list of states, counties and municipalities that have passed or amended Ban the Box requirements when using criminal conviction records as part of the employment screening process.

Most notably the new IL law, effective March 23, 2021, requires that employers must demonstrate a strong nexus between any criminal convictions record(s) and the position sought, or that an unreasonable risk exists based on the conviction record(s). The law also outlines six (6) specific adjudication factors employers must first consider when considering criminal conviction records for employment purposes including but not limited to hiring, retaining and/or promoting.

In addition, if a criminal conviction record is the basis for any employment related purpose or action by the employer, the employer must include the following in a pre-adverse action notice:
• Conviction record information that is the basis for the pre-adverse action;
• Copy of the conviction record information;
• Disqualification reasoning; and
• Notice of rights the individual has with regards to challenging accuracy of the report or mitigating information the individual may want to submit

Employers must offer at least a five (5) business day waiting period between pre and adverse action and include specific notice requirements in any final adverse action letter.

Click here to read Seyfarth Shaw LLP’s synopsis of the new law.

More information is also available in the Illinois Department of Human Rights FAQs - Conviction Record Protection

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