Illinois General Assembly - Full Text of HB5701
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Full Text of HB5701  98th General Assembly


Rep. Rita Mayfield

Filed: 3/5/2014





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2    AMENDMENT NO. ______. Amend House Bill 5701 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Job
5Opportunities for Qualified Applicants Act.
6    Section 5. Findings. The General Assembly finds that it is
7in the public interest to do more to give Illinois employers
8access to the broadest pool of qualified applicants possible,
9protect the civil rights of those seeking employment, and
10ensure that all qualified applicants are properly considered
11for employment opportunities and are not pre-screened or denied
12an employment opportunity unnecessarily or unjustly.
13    Section 10. Definitions. As used in this Act:
14    "Candidate" means a person pursuing employment with an
15employer or with or through an employment agency.



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1    "Employer" means an entity or person who has one or more
2employees in the current or preceding calendar year and any
3agent of such an entity or person.
4    "Employment" means an occupation or vocation.
5    "Employment agency" means a person or entity regularly
6undertaking with or without compensation to procure employees
7for an employer or to procure for employees opportunities to
8work for an employer and includes an agent of such a person.
9    Section 15. Employer pre-screening.
10    (a) An employer or employment agency may not inquire about
11or into, consider, or require disclosure of the criminal
12conviction history of a candidate until the candidate has been
13determined qualified for the position and notified that he or
14she has been selected for an interview by the employer or
15employment agency or, if there is not an interview, until after
16a conditional offer of employment is made to the candidate by
17the employer or employment agency.
18    (b) The requirements set forth in subsection (a) of this
19Section do not apply to positions for which employers are
20required to exclude candidates with certain criminal
21convictions from employment due to federal or State law.
22    Section 20. Violations.
23    (a) The Illinois Department of Labor shall investigate any
24alleged violations of this Act by an employer or employment



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1agency. If the Department finds that a violation has occurred,
2the Director may impose the following penalties:
3        (1) For the first violation, the Director shall issue a
4    written notice warning to the employer or employment agency
5    that includes notice regarding penalties for subsequent
6    violations, and that the employer shall have 30 days to
7    remedy the violation.
8        (2) For the second violation or if the first violation
9    is not remedied within 30 days after notice by the
10    Department, the Director may impose a civil penalty of up
11    to $500.
12        (3) For the third violation or if the first violation
13    is not remedied within 60 days after notice by the
14    Department, the Director may impose an additional civil
15    penalty of up to $1,500.
16        (4) For subsequent violations or if the first violation
17    is not remedied within 90 days after notice by the
18    Department, the Director may impose an additional penalty
19    of up to $1,500 for every 30 days that passes thereafter
20    without compliance.
21    (b) Penalties under this Section may be assessed by the
22Department and recovered in a civil action brought by the
23Department in any circuit court or in any administrative
24adjudicative proceeding under this Act. In any such civil
25action or administrative adjudicative proceeding under this
26Act, the Department shall be represented by the Attorney



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2    (c) All moneys recovered as civil penalties under this Act
3shall be deposited into the Job Opportunities for Qualified
4Applicants Enforcement Fund, a special fund which is hereby
5created in the State treasury. Moneys in the Fund may be used
6only for enforcement of this Act.
7    Section 95. The State Finance Act is amended by adding
8Section 5.855 as follows:
9    (30 ILCS 105/5.855 new)
10    Sec. 5.855. The Job Opportunities for Qualified Applicants
11Enforcement Fund.
12    Section 99. Effective date. This Act takes effect January
131, 2015.".