100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5334

 

Introduced , by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Employee Background Fairness Act. Provides that an employer may not refuse to hire an individual and may not discharge an individual because of the individual's criminal history unless the individual has one or more convictions and there is a direct relationship between one of more of an individual's convictions and the specific employment sought. Prohibits retaliation for exercising rights under the Act. Provides that an individual denied or discharged from employment because of his or her criminal history in violation of the Act may recover from the employer in a civil action: (1) damages in the amount of $2,000 or actual damages, whichever is greater; (2) costs and such reasonable attorney fees as may be allowed by the Court; and (3) any other relief as may be appropriate, including punitive damages. Defines terms. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Employee Background Fairness Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Applicant" means any person pursuing employment with an
8employer.
9    "Conviction" means a judgment of guilt or nolo contendere
10or any disposition arising therefrom, including sentencing,
11correctional supervision, rehabilitation, or release.
12"Conviction" does not include qualified probation or an order
13of supervision, as those terms are used in Section 5.2 of the
14Criminal Identification Act, that has been discharged or
15dismissed shall not be deemed a conviction.
16    "Criminal history" means an arrest, complaint, indictment,
17or any disposition arising therefrom.
18    "Criminal history record information" means records of
19arrest, complaint, indictment, or any disposition arising
20therefrom.
21    "Criminal history report" means any written, oral, or other
22communication of information that includes criminal history
23record information about a natural person.

 

 

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1    "Direct relationship" means the nature of criminal conduct
2for which the applicant was convicted has a direct bearing on
3his or her fitness or ability to perform one or more of the
4duties or responsibilities necessarily related to the
5employment in question, and does not include whether a criminal
6history has a bearing on an applicant's character or
7trustworthiness generally.
8    "Employee" means an individual who receives compensation
9for performing services for an employer under an express or
10implied contract of hire.
11    "Employment" means any occupation or vocation for which an
12individual receives compensation for performing services for
13an employer under an express or implied contract for hire.
14    "Employer" means an individual or entity that permits one
15or more individuals to work or that accepts applications for
16employment or is an agent of an employer.
 
17    Section 10. Use of criminal history record information.
18    (a) Except when the hiring of an employee is prohibited by
19law, an employer shall not fail or refuse to hire or recruit
20and shall not discharge an individual because of the
21individual's criminal history unless:
22        (1) the individual has one or more convictions; and
23        (2) there is a direct relationship between one or more
24    of an individual's convictions and the specific employment
25    sought.

 

 

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1    (b) An employer who refuses to hire or discharges an
2individual because of his or her criminal history shall provide
3the individual a written notice that includes:
4        (1) the specific conviction or convictions that bear a
5    direct relationship to the employment sought or for which
6    there is a federal, State, or local law prohibiting the
7    employer from employing the individual;
8        (2) a clear statement informing the individual that he
9    or she may provide information to the employer (A) that the
10    criminal history record information is inaccurate or (B)
11    that there are mitigating circumstances that demonstrate
12    the individual's fitness for the position including, but
13    not limited to, activities since the date of the offense
14    and evidence of rehabilitation;
15        (3) a period of no less than 7 days from the date of
16    the notice within which the individual must provide such
17    information to the employer; and
18        (4) a copy of any criminal history report about the
19    individual obtained by the employer.
20    (c) An employer shall conduct a good faith, individualized
21assessment of any evidence of mitigation or rehabilitation and
22the individual's fitness for the position sought or about the
23accuracy of criminal history record information provided by the
24individual before making a final hiring or discharge decision.
25    (d) An employer must hold the position sought by the
26individual open until (A) the individual provides additional

 

 

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1information and the review of that information under subsection
2(c) is complete or (B) until the period to provide additional
3information has expired if no information is provided. At or
4before the employer fills the position, the employer must
5provide the individual with a final written determination that
6includes the following:
7        (1) a statement of the employer's final determination;
8        (2) a description of an appeal process, if any; and
9        (3) the earliest date, if any, when the individual may
10    reapply for the position.
 
11    Section 15. Retaliatory or discriminatory acts. A person
12may not retaliate or discriminate against a person because the
13person has done or was about to do any of the following:
14        (1) File a complaint under this Act.
15        (2) Testify, assist, or participate in an
16    investigation, proceeding, or action concerning a
17    violation of this Act.
18        (3) Oppose a violation of this Act.
 
19    Section 20. Waiver. An employer may not require an
20applicant or employee to waive any right under this Act. An
21agreement by an applicant or employee to waive any right under
22this Act is invalid and unenforceable.
 
23    Section 25. Remedies for violation of the Act. An

 

 

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1individual denied or discharged from employment because of his
2or her criminal history in violation of this Act may recover
3from the employer in a civil action:
4        (1) damages in the amount of $2,000 or actual damages,
5    whichever is greater;
6        (2) costs and such reasonable attorney fees as may be
7    allowed by the Court; and
8        (3) any other relief as may be appropriate, including
9    punitive damages.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.