Bill Text: IL HB5638 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Creates the Employment Background Check Act. Provides that employers may not conduct criminal history inquiries with respect to an applicant for employment until after the employer has received an application from and interviews an applicant. Provides an exemption to permit background checks when an applicant's criminal history directly relates to the position of employment sought or the occupation for which a license is required. Permits questions concerning convictions during interviews. Authorizes remedies. Effective January 1, 2015.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5638 Detail]

Download: Illinois-2013-HB5638-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5638 Introduced , by Rep. Christian L. Mitchell SYNOPSIS AS INTRODUCED:
New Act
Creates the Employment Background Check Act. Provides that employers may not conduct criminal history inquiries with respect to an applicant for employment until after the employer has received an application from and interviews an applicant. Provides an exemption to permit background checks when an applicant's criminal history directly relates to the position of employment sought or the occupation for which a license is required. Permits questions concerning convictions during interviews. Authorizes remedies. Effective January 1, 2015.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Employment Background Check Act.
Section 5. Findings. The General Assembly finds that it is
in the public interest to give Illinois employers access to the
broadest pool of qualified applicants possible, to ensure that
all qualified applicants are properly considered for available
employment opportunities, and to create pathways that
encourage and contribute to the rehabilitation of our citizens
who have criminal history records. Employment is essential to
the rehabilitation and reintegration of individuals into the
community, the prevention of recidivism, and making our
communities and their residents safer and more economically
secure.
Section 10. Definitions. As used in this Act:
"Applicant" means a person considered by an employer when
identifying applicants for employment, including, but not
limited to, a person who asks to be considered for employment,
or who requests information from an employer regarding
potential employment, or who is pursuing employment with an

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employer in response to some indication that the employer may
have employment opportunities available. The term also means
any person seeking licensure for an occupation for which a
license is required.
"Employee" means a person hired by an employer.
"Employer" means a public or private entity or person, or
the agents or affiliates thereof, that employs one or more
persons.
"Employment" means any occupation or vocation.
"License" means any license, permit, certificate, or
registration required to be issued by the State of Illinois,
its agencies, or another private or quasi-governmental
licensing body before a person may engage in, pursue, or
practice an occupation.
"Licensing authority" means a person, board, commission,
or department of the State of Illinois, its agencies, or
another private or quasi-governmental licensing body
responsible by law for the licensing of persons for
occupations.
"Occupation" means any occupation, trade, profession, or
vocation for which a license is required to be issued by the
State of Illinois, its agencies, or another private or
quasi-governmental licensing body.
Section 15. Employer background check; applicants for
employment.

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(a) An employer may not, on the face of an employment
application or through any other means, inquire about or into,
request information about, consider, or require disclosure of
an applicant's criminal history record directly or indirectly
until the employer determines the applicant to be qualified for
the employment opportunity and interviews the candidate or, if
there is no interview, makes a conditional offer of employment
to the applicant. An employer may orally ask a candidate about
criminal convictions during an interview or, if there is no
interview, once the employer has deemed the applicant qualified
for employment.
(b) The limitations set forth in subsection (a) of this
Section do not apply to an employer who is required to
disqualify an applicant from employment because of State or
federal law or regulation.
(c) This Section does not prohibit an employer from
notifying an applicant that a law or regulation requires the
employer to disqualify the applicant. Upon request of the
applicant, the employer shall provide to the applicant a copy
of the relevant law or regulation.
Section 20. Relation of criminal history record to
employment or occupational licensure.
(a) No person shall be disqualified from public or private
employment nor from pursuing, practicing, or engaging in any
occupation for which a license is required solely or partly

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because of a prior conviction of a crime or crimes, or a
criminal history involving an alleged offense of which the
person was not convicted, unless the conviction or the criminal
history directly relates to the position of employment sought
or the occupation for which a license is required,
notwithstanding any other State or federal law or regulation to
the contrary.
(b) An employer or licensing authority shall consider the
following when determining whether a conviction or criminal
history relates to the public or private position of employment
sought or the occupation for which a license is required:
(1) the nature and seriousness of the crime or crimes
for which the person was convicted or arrested; and
(2) the relationship of the crime or crimes to the
position of employment sought or the occupation for which a
license is required.
(c) A person who has been convicted of a crime or crimes
that directly relate to the employment sought or the occupation
for which a license is required shall not be disqualified from
the employment or occupation if the person can show evidence of
rehabilitation. Evidence of sufficient rehabilitation
includes:
(1) a copy of a release order from the relevant
correctional institution or facility;
(2) evidence showing compliance with all terms and
conditions of probation or parole;

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(3) evidence showing that the person has not been
convicted of a crime within one year since his or her
release from a correctional institution or facility; or
(4) a copy of documents showing completion of probation
or parole.
(d) An employer or licensing authority shall also consider
any evidence presented by an applicant as follows and shall
encourage applicants to submit such evidence:
(1) the circumstances surrounding the applicant's
commission of the crime or crimes;
(2) the age of the applicant at the time the crime or
crimes were committed;
(3) the length of time elapsed since the crime or
crimes were committed; and
(4) all other evidence of rehabilitation presented by
the applicant, including letters of reference.
Section 25. Additional applications. In deciding whether
to promote, discipline, suspend, or terminate an employee or
otherwise affect the terms or conditions of employment as a
result of an employee's criminal history record, an employer
shall consider evidence in the same manner and as required in
Section 15. In considering denying, revoking, or suspending a
license of a person as a result of a criminal history record, a
licensing authority shall consider evidence in the same manner
and as required in Section 15. This Section does not apply when

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there exists a State or federal law or regulation to the
contrary.
Section 30. Violations; remedies. A complaint or grievance
alleging a violation of Section 15 or Section 25 shall be
processed and adjudicated in accordance with the Illinois Human
Rights Act. The Illinois Department of Human Rights shall
investigate an alleged violation of Section 15 or Section 25 by
a public or private employer in accordance with the Illinois
Human Rights Act and impose penalties when a violation has
occurred as provided for in the Illinois Human Rights Act.
Section 99. Effective date. This Act takes effect January
1, 2015.