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"Employer" means an entity or person who has one or more
employees in the current or preceding calendar year and any
agent of such an entity or person.
"Employment" means an occupation or vocation.
"Employment agency" means a person or entity regularly
undertaking with or without compensation to procure employees
for an employer or to procure for employees opportunities to
work for an employer and includes an agent of such a person.
(a) An employer or employment agency may not inquire about
or into, consider, or require disclosure of the criminal
conviction history of a candidate until the candidate has been
determined qualified for the position and notified that he or
she has been selected for an interview by the employer or
employment agency or, if there is not an interview, until after
a conditional offer of employment is made to the candidate by
the employer or employment agency.
(b) The requirements set forth in subsection (a) of this
Section do not apply to positions for which employers are
required to exclude candidates with certain criminal
convictions from employment due to federal or State law.
(a) The Illinois Department of Labor shall investigate any
alleged violations of this Act by an employer or employment
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agency. 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 notice warning to the employer or employment agency
that includes notice regarding penalties for subsequent
violations, and that the employer shall have 30 days to
remedy the violation.
(2) For the second violation 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
(3) For the third violation or if the first violation
is not remedied within 60 days after notice by the
Department, the Director may impose an additional civil
penalty of up to $1,500.
(4) For subsequent violations or if the first violation
is not remedied within 90 days after notice by the
Department, the Director may impose an additional penalty
of up to $1,500 for every 30 days that passes thereafter
(b) Penalties under this Section may be assessed by the
Department and recovered in a civil action brought by the
Department in any circuit court or in any administrative
adjudicative proceeding under this Act. In any such civil
action or administrative adjudicative proceeding under this
Act, the Department shall be represented by the Attorney
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(c) All moneys recovered as civil penalties under this Act
shall be deposited into the Job Opportunities for Qualified
Applicants Enforcement Fund, a special fund which is hereby
created in the State treasury. Moneys in the Fund may be used
only for enforcement of this Act.
The State Finance Act is amended by adding
Section 5.855 as follows:
(30 ILCS 105/5.855 new)
The Job Opportunities for Qualified Applicants
This Act takes effect January