Rep. Rita Mayfield

Filed: 3/18/2014





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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    "Applicant" means any person pursuing employment with an
15employer or with or through an employment agency.



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1    "Employer" means any person or entity, private or public,
2who has one or more employees in the current or preceding
3calendar year, and any agent of such an entity or person.
4    "Public employer" means the State, an agency, department,
5commission, board, political subdivision, or instrumentality
6thereof, a unit of local government, or a school district.
7    "Employment agency" means any person or entity regularly
8undertaking with or without compensation to procure employees
9for an employer or to procure for employees opportunities to
10work for an employer and includes an agent of such a person.
11    "Employment" means any occupation or vocation.
12    Section 15. Employer pre-screening.
13    (a) An employer or employment agency may not inquire about
14or into, consider, or require disclosure of the criminal record
15or criminal history of an applicant until the applicant has
16been determined qualified for the position and notified that
17the applicant has been selected for an interview by the
18employer or employment agency or, if there is not an interview,
19until after a conditional offer of employment is made to the
20applicant by the employer or employment agency.
21    (b) The requirements set forth in subsection (a) of this
22Section do not apply for positions where employers are required
23to exclude applicants with certain criminal convictions from
24employment due to federal or State law.



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



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1adjudicative proceeding under this Act. In any such civil
2action or administrative adjudicative proceeding under this
3Act, the Department shall be represented by the Attorney
5    (c) All moneys recovered as civil penalties under this
6Section shall be deposited into the Job Opportunities for
7Qualified Applicants Enforcement Fund, a special fund which is
8created in the State treasury. Moneys in the Fund may be used
9only to enforce private employer violations of this Act.
10    Section 25. Public employer violations. Any complaints or
11grievances concerning alleged violations of Section 10 of this
12Act by public employers shall be processed and adjudicated as
14        (1) Municipalities, units of local government, and
15    school districts shall be subject to the same provisions
16    and penalties as private employers under Section 20 of this
17    Act. The Department of Labor shall provide written warning
18    to such employers regarding violations, and impose
19    escalating civil penalties as set forth in Section 20 of
20    this Act.
21        (2) A person who is injured by a violation of this Act
22    by the State or an agency, department, commission, board,
23    instrumentality, or political subdivision thereof may
24    bring a civil action in circuit court to obtain injunctive
25    relief or damages, or both. The court shall award costs,



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1    reasonable litigation expenses, and reasonable attorney's
2    fees to a person who prevails as a plaintiff in an action
3    authorized under this Section.
4    Section 90. The State Finance Act is amended by adding
5Section 5.855 as follows:
6    (30 ILCS 105/5.855 new)
7    Sec. 5.855. The Job Opportunities for Qualified Applicants
8Enforcement Fund.
9    Section 99. Effective date. This Act takes effect January
101, 2015.".