Illinois State Laws
Additional State Laws
January 1, 2020Cannabis Regulation and Tax Act
Illinois Governor J.B. Pritzker signed House Bill 1438 (HB1438), a bill that legalizes medical and recreational cannabis use for adults. It goes into effect on January 1, 2020.
HB1438 creates provisions regarding an employer’s rights. Section 10-50 of the bill states that employers may:
Employers may implement the above policies as long as they are applied in a non-discriminatory manner.
HB1438 creates allowances for employers to discipline employees, including termination, for violations of their workplace drug policies. It also provides guidance to help employers determine if an employee is under the influence while on the job. Employers must have a “good faith belief” that an employee “manifests specific, articulable symptoms while working that decrease or lessen the employee’s performance of their job, including”:
Before initiating any type of discipline, the employer must give an employee a “reasonable opportunity” to refute the basis of the determination that the person was under the influence.
Illinois Assembly Bill 881 (AB881), like House Bill 834, updates an existing law known as The Equal Pay Act Of 2003.
AB881 states that no employer may:
The bill creates some exceptions to the above. Employers may pay different wages because of a:
This is a Ban the Box bill that states employers with 15 or more employees may not inquire about an applicant’s criminal history until after the person is deemed qualified and selected for an interview or given a conditional job offer. These requirements do not apply for positions in which:
The Act also creates civil penalties for employers who are found to violate these laws.
Effective September 1, 2019Illinois Updated The Equal Pay Act of 2003
Illinois passed House Bill 834 (HB834), which amends the Equal Pay Act of 2003. It prohibits employers from:
HB834 adds that employers may not “discriminate between employees on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.”
There are exceptions. Employers may adjust compensation based on:
HB 834 also creates penalties for violations. They include:
The Illinois Ban the Box law applies to state employers with fifteen or more employees. Employers may inquire about criminal records after an interview or a conditional offer is extended. Job applications may not include questions about arrests or convictions.
Exemptions exist for positions in which federal or state law requires employers to exclude applicants who have any type of criminal record or the position requires the applicant to obtain a bond and having a criminal record would prevent the person from obtaining that bond.
If an applicant is found to have a criminal record, the state employer shall run an individualized assessment on the person in which they consider:
If a background check produced by a consumer reporting agency includes a criminal conviction record from the Illinois Department of State Police, then the agency must send the applicant a copy of that record. If anything is incorrect about the criminal record, then the applicant has seven days to file a dispute.
Employers may not consider criminal convictions that were sealed, expunged or impounded.
Employers may not use credit reports when making hiring decisions unless there is a bona fide occupational requirement such as: