(225 ILCS 46/55)
Immunity from liability.
A health care employer shall not be
liable for the failure to hire or to retain an applicant or employee
been convicted of committing or attempting to commit one or more of the
offenses enumerated in subsection (a) of Section 25 of this
However, if an employee is suspended from employment based on the
results of a criminal background check conducted under this Act and the results
prompting the suspension are subsequently found to be inaccurate, the employee is entitled to recover backpay from his or her health care employer
for the suspension period provided that the employer is the cause of the
inaccuracy. The Department of Public Health is not liable for any hiring decisions, suspensions, or terminations.
No health care employer shall be chargeable for any benefit charges that
result from the payment of unemployment benefits to any claimant when the
claimant's separation from that employer occurred because the claimant's
criminal background included an offense enumerated in subsection (a) of
Section 25, or the
claimant's separation from that health care
occurred as a result of the claimant violating a policy that the employer was
required to maintain pursuant to the Drug Free Workplace Act.
(Source: P.A. 95-120, eff. 8-13-07.)