Full Text of HB5701 98th General Assembly
HB5701 98TH GENERAL ASSEMBLY
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
Introduced , by Rep. Rita Mayfield
SYNOPSIS AS INTRODUCED:
Creates the Best Candidate for the Job Act. Provides that an employer
may not inquire into or require disclosure of a job applicant's criminal
record or criminal history before the candidate has been notified that the
candidate has been selected for a job interview or has been offered a
conditional offer of employment. Requires consideration of the nature and
gravity of a candidate's conviction record, the time elapsed since the
conviction, and whether the conviction has a direct bearing on the
candidate's fitness before excluding a candidate. Authorizes civil
remedies. Provides that the Department of Labor may impose penalties for
violations. Effective January 1, 2015.
|FISCAL NOTE ACT MAY APPLY|
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Candidate for the Job Act.
The General Assembly finds that it is
in the public interest to do more to give Illinois employers
access to the broadest pool of qualified applicants possible,
observe the civil rights of those seeking employment, and
ensure that all qualified applicants are properly considered
for employment opportunities and are not pre-screened or denied
an employment opportunity unnecessarily or unjustly.
As used in this Act:
"Business necessity" means an employer finds that
excluding a candidate from employment is necessary to avoid a
substantial risk to property or the safety or welfare of
specific individuals or the general public.
"Candidate" means a person considered by an employer when
identifying potential employees including, but not limited to,
persons who ask to be considered for employment, request
information from an employer regarding potential employment,
or are pursuing employment with an employer in response to some
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indication that an employer may have employment opportunities
"Employer" means an entity or person that employs one or
"Employment" means an occupation or vocation.
"Employment application" means a form used by an employer
to help determine a candidate's suitability for employment that
is completed before a conditional offer of employment or
written notification of an intent to interview by the employer.
(a) An employer may not, on the face of an employment
application or through any other means, inquire about or into,
consider, or require disclosure of the criminal record or
criminal history of a candidate for employment until the
candidate has been notified that he or she has been selected
for an interview by the employer or, if there is not an
interview, a conditional offer of employment has been made to
(b) The requirements set forth in subsection (a) do not
apply if an employer is required to exclude candidates with
certain criminal convictions from employment due to federal or
(c) This Section does not prohibit an employer from
notifying candidates that law or the employer's policy may
disqualify an individual based upon criminal conviction
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history if the exclusion is job-related.
Hiring candidates and employer protections.
(a) An employer may exclude a candidate from employment
only if it is a business necessity after first considering the
following: the nature and gravity of the candidate's conviction
record; the amount of time that has passed since the relevant
conviction or convictions or the completion of the sentence for
the conviction in question; and whether the conviction or
convictions have a direct bearing on the candidate's fitness to
perform one or more essential duties of the employment in
(b) An employer that demonstrates that it has hired a
candidate pursuant to this Act is not civilly or criminally
liable for an act or omission by the candidate except for a
willful or wanton act by the employer in hiring the candidate.
In any legal proceeding against an employer regarding the
employment of a candidate, the employer shall have a rebuttable
presumption that the employer performed its due diligence and
acted in good faith in hiring the candidate.
(a) A candidate or class of candidates injured by a
violation of this Act may bring a civil action in the circuit
court to obtain injunctive relief, damages, or both.
(b) The court shall award costs, reasonable litigation
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expenses, and reasonable attorney's fees to a person who
prevails as a plaintiff in an action authorized under
subsection (a) of this Section.
The Illinois Department
of Labor shall investigate any alleged violation of this Act by
an employer. If the Department finds that a violation has
occurred, the Director may impose the following penalties:
(1) For the first violation, the Director shall issue a
written warning to the employer that includes a notice
setting forth the penalties for subsequent violations and
stating that the employer has 30 days to remedy the
(2) For second and subsequent violations, or if the
first violation is not remedied within 30 days after notice
by the Department, the Director may impose a civil penalty
of up to $500 after notice to the employer and an
opportunity for the employer to be heard in an
administrative hearing. The Attorney General may bring an
action in the circuit court to enforce the collection of
any civil penalty imposed.
This Act takes effect January