Bill Text: IL HB2846 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Best Candidate for the Job Act. Provides that private and public employers shall properly consider for employment and licenses persons previously convicted of one or more criminal offenses. Prohibits discrimination against such persons unless there is a direct relationship between the offense and the specific license or employment sought. Establishes criteria for evaluating convictions. Exempts law enforcement agencies.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2846 Detail]

Download: Illinois-2013-HB2846-Amended.html

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Rep. Esther Golar

Filed: 3/24/2014

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AMENDMENT TO HOUSE BILL 2846
AMENDMENT NO. ______. Amend House Bill 2846 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Best
Candidate for the Job Act.
Section 5. Purpose. This Act is intended to ensure that
private employers properly consider persons previously
convicted of one or more criminal offenses for employment.
Section 10. Definitions. As used in this Act:
"Direct relationship" means that the nature of criminal
conduct for which the person was convicted has a direct bearing
on his or her fitness or ability to perform one or more of the
duties or responsibilities necessarily related to the
opportunity or job in question.
"Employment" means any occupation, vocation, or

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employment, or any form of vocational or educational training.
"Employment" does not, for the purposes of this Act, however,
include membership in any law enforcement agency.
"Private employer" means any person, company, corporation,
labor organization, or association that employs one or more
persons.
Section 15. Applicability. This Act applies to any person
who applies for employment at any private employer or who is
currently employed who has previously been convicted of one or
more criminal offenses in any jurisdiction or whose conviction
of one or more criminal offenses in any jurisdiction preceded
such employment, except when a mandatory forfeiture,
disability, or bar to employment is imposed by law and has not
been removed by an executive pardon, certificate of relief from
disabilities, or certificate of good conduct. Nothing in this
Act shall be construed to affect any right an employer may have
with respect to an intentional misrepresentation in connection
with an application for employment made by a prospective
employee or previously made by a current employee.
Section 20. Discrimination against persons previously
convicted of one or more criminal offenses prohibited. No
application for any employment and no employment held by an
individual, to which the provisions of this Act are applicable,
shall be denied or acted upon adversely by reason of the

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individual's having been previously convicted of one or more
criminal offenses or by reason of a finding of lack of good
moral character when such finding is based upon the fact that
the individual has previously been convicted of one or more
criminal offenses, unless, after carefully considering the
factors specified in Section 25, the employer determines that:
(1) there is a direct relationship between one or more
of the previous criminal offenses and the specific
employment sought or held by the individual; and
(2) the granting or continuation of the employment
would involve a substantial risk to property or to the
safety or welfare of specific individuals or the general
public.
Section 25. Factors to be considered concerning a previous
criminal conviction.
(a) In making a determination pursuant to Section 20, the
private employer shall consider the following factors:
(1) The public policy of this State to encourage the
employment of persons previously convicted of one or more
criminal offenses.
(2) The specific duties and responsibilities
necessarily related to the employment sought or held by the
person.
(3) The bearing, if any, the criminal offense or
offenses for which the person was previously convicted will

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have on his or her fitness or ability to perform one or
more of the duties or responsibilities necessarily related
to the job or opportunity in question.
(4) Any evidence demonstrating the ability of the
applicant or employee to perform the responsibilities of
the job or opportunity in question.
(5) The time that has elapsed since the occurrence of
the criminal offense or offenses.
(6) The age of the person at the time of occurrence of
the criminal offense or offenses.
(7) The seriousness of the offense or offenses.
(8) The circumstances surrounding the offense or
offenses.
(9) Any information produced by the person, or produced
on the person's behalf, in regard to the person's
rehabilitation and good conduct.
(10) The legitimate interest of the private employer in
protecting property and the safety and welfare of specific
individuals or the general public.
(b) In making a determination pursuant to Section 20, the
private employer shall also give consideration to a certificate
of relief from disabilities or a certificate of good conduct
issued to the applicant, which certificate shall create a
presumption of rehabilitation in regard to the offense or
offenses specified therein.

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Section 30. Employer protections. If an employer
demonstrates that it has hired an individual pursuant to this
Act, except for a willful or wanton act by the employer in
hiring the individual, the employer shall not be civilly or
criminally liable for an act or omission by the employee.
Section 35. Retaliatory or discriminatory acts. A person
shall not retaliate or discriminate against a person because
the person has done or was about to do any of the following:
(1) File a complaint under this Act.
(2) Testify, assist, or participate in an
investigation, proceeding, or action concerning a
violation of this Act.
(3) Oppose a violation of this Act.
Section 40. Waiver. An employer shall not require an
applicant or employee to waive any right under this Act. An
agreement by an applicant or employee to waive any right under
this Act is invalid and unenforceable.
Section 45. Remedies.
(a) A person who is injured by a violation of this Act may
bring a civil action in circuit court to obtain injunctive
relief or damages, or both.
(b) The court shall award costs, reasonable litigation
expenses, and reasonable attorney's fees to a person who

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prevails as a plaintiff in an action authorized under
subsection (a) of this Section.".