Compliance Update: Illinois Criminal Background Use
Background Information Services, Inc. (BIS), strives to provide you with important updates to local, state and federal laws and requirements. (Please note that BIS is not a law firm, and cannot provide legal advice.)
On March 23, 2021, Illinois Governor J.B. Pritzer signed Senate Bill 1480, which amends the criminal records that employers can use for hiring and other employment-related decisions. BIS strongly encourages that you consult with an attorney or your legal department to determine how to adjust your hiring practices in accordance with the amended law. The entirety of the bill's detail can be found at https://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=108&GA=101&DocTypeId=SB&DocNum=1480&GAID=15&LegID=118365&SpecSess=&Session=.
Item of note in these bills:
- The amendment adds a new Section 103.1 to the IHRA that severely restricts the ability of employers to rely on conviction records in making employment decisions. This is effective immediately, and prohibits the use of a conviction record as the basis for an employment decision unless (1) there is a “substantial relationship” between one or more of the candidate’s prior convictions and the job at issue; or (2) employment would involve an “unreasonable risk to property or to the safety or welfare of specific individuals or the general public.”
