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An Illinois Law Covers How Employers May Consider Convictions
February 23, 2021
About Senate Bill 1480
Illinois Senate Bill 1480 (SB1480) updated the state’s Human Rights Act, which, among other things, prohibited employers from considering arrests that did not lead to convictions. SB1480 requires employers to review and consider any criminal records found during the background screening process.
The bill notes that it is a civil rights violation for employers, employment agencies or labor agencies to use convictions as a reason to refuse to hire, segregate or take related actions unless there is a substantial relationship between the criminal record and the position. Employers can still refuse to hire or take another adverse action if a candidate’s criminal record indicates they might pose an unreasonable risk to the safety or welfare of people and property.
Considering Criminal Records
SB1480 explains how an employer should determine if an applicant’s criminal history is relevant to the position to which they applied. It establishes six factors for hiring managers to consider:
- How much time has passed since the conviction occurred?
- How many offenses are on the person’s record?
- The nature and severity of a conviction and its relationship to the safety of others.
- Facts or circumstances surrounding the conviction.
- The age an applicant was at the time of their conviction.
- Any evidence of rehabilitation.
If an employer considers an adverse action based on an applicant’s conviction history, they are required to provide written notification and list the specific offense(s) that prompted the letter. Employers must also comply with the Fair Credit Reporting Act (FCRA), which requires them to provide a copy of the candidate’s background check and other documentation. After reviewing these items, the person can choose to file a dispute if they feel something is incorrect or outdated.
Employers in Illinois must give applicant’s at least five business days to respond to a written notice of a potential adverse action. If the employer later determines they will not hire someone based on their criminal history, they must provide a second written notice that informs the recipient they have a right to file a discrimination charge with the Illinois Department of Human Rights.
Employers Are Encouraged To Run Background Checks
Employers in Illinois are required to follow applicable second chance laws and they are still encouraged to run comprehensive background checks. Millions of Americans have convictions that are minor or outdated and would not warrant denial of employment. However, some have violent or other serious criminal records that indicate they may pose a risk to people or property.
Background checks can also help employers determine an applicant’s eligibility with employment and education verifications. They help organizations make informed decisions, create safe workplaces and avoid negligent hiring claims.
If You Need Background Reports
If your organization is hiring, then Backgrounds Online can help you customize packages for any position. Our team keeps up with federal and state laws so we can provide educational resources to help bolster your compliance efforts.
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