HB5638 98TH GENERAL ASSEMBLY

LRB098 17893 JLS 53017 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5638

Introduced , by Rep. Christian L. Mitchell

SYNOPSIS AS INTRODUCED:

New Act

Creates the Employment Background Check Act. Provides that employers may not conduct criminal history inquiries with respect to an applicant for employment until after the employer has received an application from and interviews an applicant. Provides an exemption to permit background checks when an applicant's criminal history directly relates to the position of employment sought or the occupation for which a license is required. Permits questions concerning convictions during interviews. Authorizes remedies. Effective January 1, 2015.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Employment Background Check Act.

Section 5. Findings. The General Assembly finds that it is in the public interest to give Illinois employers access to the broadest pool of qualified applicants possible, to ensure that all qualified applicants are properly considered for available employment opportunities, and to create pathways that encourage and contribute to the rehabilitation of our citizens who have criminal history records. Employment is essential to the rehabilitation and reintegration of individuals into the community, the prevention of recidivism, and making our communities and their residents safer and more economically secure.

Section 10. Definitions. As used in this Act:

"Applicant" means a person considered by an employer when identifying applicants for employment, including, but not limited to, a person who asks to be considered for employment, or who requests information from an employer regarding potential employment, or who is pursuing employment with an employer in response to some indication that the employer may have employment opportunities available. The term also means any person seeking licensure for an occupation for which a license is required.

"Employee" means a person hired by an employer.

"Employer" means a public or private entity or person, or the agents or affiliates thereof, that employs one or more persons.

"Employment" means any occupation or vocation.

"License" means any license, permit, certificate, or registration required to be issued by the State of Illinois, its agencies, or another private or quasi-governmental licensing body before a person may engage in, pursue, or practice an occupation.

"Licensing authority" means a person, board, commission, or department of the State of Illinois, its agencies, or another private or quasi-governmental licensing body responsible by law for the licensing of persons for occupations.

"Occupation" means any occupation, trade, profession, or vocation for which a license is required to be issued by the State of Illinois, its agencies, or another private or quasi-governmental licensing body.

Section 15. Employer background check; applicants for employment.

(a) An employer may not, on the face of an employment application or through any other means, inquire about or into, request information about, consider, or require disclosure of an applicant's criminal history record directly or indirectly until the employer determines the applicant to be qualified for the employment opportunity and interviews the candidate or, if there is no interview, makes a conditional offer of employment to the applicant. An employer may orally ask a candidate about criminal convictions during an interview or, if there is no interview, once the employer has deemed the applicant qualified for employment.

(b) The limitations set forth in subsection (a) of this Section do not apply to an employer who is required to disqualify an applicant from employment because of State or federal law or regulation.

(c) This Section does not prohibit an employer from notifying an applicant that a law or regulation requires the employer to disqualify the applicant. Upon request of the applicant, the employer shall provide to the applicant a copy of the relevant law or regulation.

Section 20. Relation of criminal history record to employment or occupational licensure.

(a) No person shall be disqualified from public or private employment nor from pursuing, practicing, or engaging in any occupation for which a license is required solely or partly because of a prior conviction of a crime or crimes, or a criminal history involving an alleged offense of which the person was not convicted, unless the conviction or the criminal history directly relates to the position of employment sought or the occupation for which a license is required, notwithstanding any other State or federal law or regulation to the contrary.

(b) An employer or licensing authority shall consider the following when determining whether a conviction or criminal history relates to the public or private position of employment sought or the occupation for which a license is required:

(1) the nature and seriousness of the crime or crimes for which the person was convicted or arrested; and

(2) the relationship of the crime or crimes to the position of employment sought or the occupation for which a license is required.

(c) A person who has been convicted of a crime or crimes that directly relate to the employment sought or the occupation for which a license is required shall not be disqualified from the employment or occupation if the person can show evidence of rehabilitation. Evidence of sufficient rehabilitation includes:

(1) a copy of a release order from the relevant correctional institution or facility;

(2) evidence showing compliance with all terms and conditions of probation or parole;

(3) evidence showing that the person has not been convicted of a crime within one year since his or her release from a correctional institution or facility; or

(4) a copy of documents showing completion of probation or parole.

(d) An employer or licensing authority shall also consider any evidence presented by an applicant as follows and shall encourage applicants to submit such evidence:

(1) the circumstances surrounding the applicant's commission of the crime or crimes;

(2) the age of the applicant at the time the crime or crimes were committed;

(3) the length of time elapsed since the crime or crimes were committed; and

(4) all other evidence of rehabilitation presented by the applicant, including letters of reference.

Section 25. Additional applications. In deciding whether to promote, discipline, suspend, or terminate an employee or otherwise affect the terms or conditions of employment as a result of an employee's criminal history record, an employer shall consider evidence in the same manner and as required in Section 15. In considering denying, revoking, or suspending a license of a person as a result of a criminal history record, a licensing authority shall consider evidence in the same manner and as required in Section 15. This Section does not apply when there exists a State or federal law or regulation to the contrary.

Section 30. Violations; remedies. A complaint or grievance alleging a violation of Section 15 or Section 25 shall be processed and adjudicated in accordance with the Illinois Human Rights Act. The Illinois Department of Human Rights shall investigate an alleged violation of Section 15 or Section 25 by a public or private employer in accordance with the Illinois Human Rights Act and impose penalties when a violation has occurred as provided for in the Illinois Human Rights Act.

Section 99. Effective date. This Act takes effect January 1, 2015.