Employment Fairness Act for Returning Citizens in Prince George’s County, MD
The Prince George's Employment Fairness Act for Returning Citizens is a new law in Prince George's County, Maryland, designed to provide fair...
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2 min read
Admin February 3, 2021
By now, you are probably aware of the importance of checking up on state and local laws if you obtain background reports on your applicants and employees. We recently covered a court case in Wisconsin that highlights what could happen if an employer considers criminal history when making an employment decision without considering certain state and local laws. So, you probably want to learn about the latest pending revisions to those state and local laws that could have an impact on your background screening strategy. Employers may want to take note of pending legislation in Illinois.
On January 13, 2021 the Illinois legislature passed Senate Bill 1480 (SB1480). This bill is not yet law. But if enacted, it will change how criminal conviction history can be used for employment decisions in Illinois.
The bill amends the Illinois Human Rights Act. Among other things, SB1480 would, unless otherwise authorized by law, make it a “civil rights violation for any employer, employment agency or labor organization to use a conviction record… as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or terms, privileges or conditions of employment (whether “disqualification” or “adverse action”)…”, with some exceptions. A “conviction record” includes information that a person has been convicted of a felony, misdemeanor or other criminal offense, placed on probation, fined, imprisoned, or paroled.
You may still consider an applicant or employee’s conviction record for employment decisions, but only if:
In determining whether one of the two exceptions apply, you must consider:
If, after considering all mitigating factors, you make a preliminary decision to use an exception, you must provide the applicant or employee with a written notification of the preliminary decision. The notification must contain:
Now you wait. After providing a written notice of the preliminary decision, you must wait at least five (5) business days for the applicant or employee to respond before making a final decision.
If you make a final decision to take adverse action based solely or in part on an applicant or employee’s conviction record, you must notify the applicant or employee in writing of the following:
SB1480 is not yet law. Verified Credentials will continue to monitor this legislation. Watch for updates as they become available.
This bill could have an impact on how criminal conviction records can be used for employment decisions in Illinois. You may want to discuss this bill with your legal counsel to determine how it could impact you.
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