Bill Text: IL SB2319 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Job Opportunities for Qualified Applicants Act. Provides that a government employer may not inquire about or into, consider, or require disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview. Provides that an employer, employment agency, or government employer may not inquire about or into, consider, or require disclosure of the immigration, citizenship, or residency status of an applicant unless such an inquiry is required by law. Provides that if residency requirements are a requirement of employment by the employer, employment agency, or government employer, the address of the applicant is to be considered when determining residency and not the citizenship or immigration status of the applicant. Defines terms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [SB2319 Detail]

Download: Illinois-2023-SB2319-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2319 Introduced 2/10/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
820 ILCS 75/10
820 ILCS 75/15
Amends the Job Opportunities for Qualified Applicants Act. Provides that a government employer may not inquire about or into, consider, or require disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview. Provides that an employer, employment agency, or government employer may not inquire about or into, consider, or require disclosure of the immigration, citizenship, or residency status of an applicant unless such an inquiry is required by law. Provides that if residency requirements are a requirement of employment by the employer, employment agency, or government employer, the address of the applicant is to be considered when determining residency and not the citizenship or immigration status of the applicant. Defines terms.
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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 5. The Job Opportunities for Qualified Applicants
Act is amended by changing Sections 10 and 15 as follows:
(820 ILCS 75/10)
Sec. 10. Definitions. As used in this Act:
"Applicant" means any person pursuing employment with an
employer or with or through an employment agency.
"Employer" means any person or private entity that has 15
or more employees in the current or preceding calendar year,
and any agent of such an entity or person.
"Employment agency" means any person or entity regularly
undertaking with or without compensation to procure employees
for an employer or to procure for employees opportunities to
work for an employer and includes an agent of such a person.
"Employment" means any occupation or vocation.
"Government employer" means any State or local government
agency, department, or entity.
(Source: P.A. 98-774, eff. 1-1-15.)
(820 ILCS 75/15)
Sec. 15. Employer pre-screening.

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(a) An employer, or employment agency, or government
employer may not inquire about or into, consider, or require
disclosure of the criminal record or criminal history of an
applicant until the applicant has been determined qualified
for the position and notified that the applicant has been
selected for an interview by the employer, or employment
agency, or government employer or, if there is not an
interview, until after a conditional offer of employment is
made to the applicant by the employer, or employment agency,
or government employer.
(b) The requirements set forth in subsection (a) of this
Section do not apply for positions where:
(1) employers are required to exclude applicants with
certain criminal convictions from employment due to
federal or State law;
(2) a standard fidelity bond or an equivalent bond is
required and an applicant's conviction of one or more
specified criminal offenses would disqualify the applicant
from obtaining such a bond, in which case an employer may
include a question or otherwise inquire whether the
applicant has ever been convicted of any of those
offenses; or
(3) employers employ individuals licensed under the
Emergency Medical Services (EMS) Systems Act.
(b-5) An employer, employment agency, or government
employer may not inquire about or into, consider, or require

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disclosure of the immigration, citizenship, or residency
status of an applicant unless such an inquiry is required by
law. If residency requirements are a requirement of employment
by the employer, employment agency, or government employer,
the address of the applicant is to be considered when
determining residency and not the citizenship or immigration
status of the applicant.
(c) This Section does not prohibit an employer or
government employer from notifying applicants in writing of
the specific offenses that will disqualify an applicant from
employment in a particular position due to federal or State
law or the employer or government employer's policy.
(Source: P.A. 98-774, eff. 1-1-15.)