Signed by Governor Pat Quinn

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits an employer from considering an applicant's criminal history until the applicant is selected for an interview or an offer has been made, effective January 1, 2015.

Highlights:

• Prohibits an employer from considering an applicant’s criminal history until after the applicant has been selected for an interview or a conditional offer has been extended to the applicant, except in the following cases (Sec. 15):
• The position requires the exclusion of an applicant with a criminal conviction due to state or federal law;
• The position requires a standard fidelity bond and an applicant’s conviction would disqualify the applicant from such a bond; or
• The position requires a license under the Emergency Medical Services Systems Act.

• Authorizes the Illinois Department of Labor to impose the following penalties if a violation of this bill is determined to have occurred (Sec. 20):
• For the first violation, a written warning and the employer will have 30 days to remedy the violation;
• For the second violation, or if the first violation is not remedied within 30 days of notice by the department, the director may issue a civil penalty of up to $500;
• For the third violation, or if the first violation is not remedied within 60 days of notice by the department, the director may issue an additional civil penalty of up to $1,500; and 
• For subsequent violations, or if the first violation is not remedied within 90 days of notice by the department, the director may issue an additional civil penalty of up to $1,500 for every 30 days that pass without compliance.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits an employer from considering an applicant's criminal history until the applicant is selected for an interview or an offer has been made, effective January 1, 2015.

Highlights:

• Prohibits an employer from considering an applicant’s criminal history until after the applicant has been selected for an interview or a conditional offer has been extended to the applicant, except in the following cases (Sec. 15):
• The position requires the exclusion of an applicant with a criminal conviction due to state or federal law;
• The position requires a standard fidelity bond and an applicant’s conviction would disqualify the applicant from such a bond; or
• The position requires a license under the Emergency Medical Services Systems Act.

• Authorizes the Illinois Department of Labor to impose the following penalties if a violation of this bill is determined to have occurred (Sec. 20):
• For the first violation, a written warning and the employer will have 30 days to remedy the violation;
• For the second violation, or if the first violation is not remedied within 30 days of notice by the department, the director may issue a civil penalty of up to $500;
• For the third violation, or if the first violation is not remedied within 60 days of notice by the department, the director may issue an additional civil penalty of up to $1,500; and 
• For subsequent violations, or if the first violation is not remedied within 90 days of notice by the department, the director may issue an additional civil penalty of up to $1,500 for every 30 days that pass without compliance.

Full Bill Text