Rep. Rita Mayfield

Filed: 3/24/2014





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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 private entity that has one
2or more employees in the current or preceding calendar year,
3and any agent of such an entity or person.
4    "Employment agency" means any person or entity regularly
5undertaking with or without compensation to procure employees
6for an employer or to procure for employees opportunities to
7work for an employer and includes an agent of such a person.
8    "Employment" means any occupation or vocation.
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 record
12or criminal history of an applicant until the applicant has
13been determined qualified for the position and notified that
14the applicant has been selected for an interview by the
15employer or employment agency or, if there is not an interview,
16until after a conditional offer of employment is made to the
17applicant by the employer or employment agency.
18    (b) The requirements set forth in subsection (a) of this
19Section do not apply for positions where employers are required
20to exclude applicants with certain criminal convictions from
21employment due to federal or State law.
22    Section 20. Employer 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 of Labor may impose the following civil penalties:
3        (1) For the first violation, the Director shall issue a
4    written warning to the employer or employment agency that
5    includes notice regarding penalties for subsequent
6    violations and the employer shall have 30 days to remedy
7    the violation;
8        (2) For the second violation, or if the first violation
9    is not remedied within 30 days of notice by the Department,
10    the Director may impose a civil penalty of up to $500;
11        (3) For the third violation, or if the first violation
12    is not remedied within 60 days of notice by the Department,
13    the Director may impose an additional civil penalty of up
14    to $1,500;
15        (4) For subsequent violations, or if the first
16    violation is not remedied within 90 days of notice by the
17    Department, the Director may impose an additional civil
18    penalty of up to $1,500 for every 30 days that passes
19    thereafter without compliance.
20    (b) Penalties under this Section may be assessed by the
21Department and recovered in a civil action brought by the
22Department in any circuit court or in any administrative
23adjudicative proceeding under this Act. In any such civil
24action or administrative adjudicative proceeding under this
25Act, the Department shall be represented by the Attorney



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1    (c) All moneys recovered as civil penalties under this
2Section shall be deposited into the Job Opportunities for
3Qualified Applicants Enforcement Fund, a special fund which is
4created in the State treasury. Moneys in the Fund may be used
5only to enforce employer violations of this Act.
6    Section 90. The State Finance Act is amended by adding
7Section 5.855 as follows:
8    (30 ILCS 105/5.855 new)
9    Sec. 5.855. The Job Opportunities for Qualified Applicants
10Enforcement Fund.
11    Section 99. Effective date. This Act takes effect January
121, 2015.".