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(775 ILCS 5/2-103)
(from Ch. 68, par. 2-103)
(A) Unless otherwise authorized by law,
it is a civil rights violation for any
employer, employment agency or labor organization to inquire
into or to use the fact of an arrest or criminal history
ordered expunged, sealed or impounded under Section 5.2 of the Criminal
Identification Act 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. This Section
does not prohibit a State agency, unit of local government or school
district, or private organization from requesting or utilizing sealed felony
conviction information obtained from the Department of State Police under
the provisions of Section 3 of the
Criminal Identification Act or under other State or federal laws or regulations that require criminal background checks in evaluating the qualifications
and character of an employee or a prospective employee.
(B) The prohibition against the use of the fact of an arrest contained in
this Section shall not be construed to prohibit an employer, employment agency,
or labor organization from obtaining or using other information which indicates
that a person actually engaged in the conduct for which he or she was
(Source: P.A. 96-409, eff. 1-1-10.)