The State of Illinois recently enacted a new law called the Job Opportunities For Qualified Applicants Act (“Job Opportunities Act”). 820 ILCS 75/1 et seq. The Job Opportunities Act took effect on January 1, 2015 and impacts many Illinois employers and individuals seeking employment in Illinois. The Job Opportunities Act protects job seekers in Illinois from being summarily discriminated against based upon their criminal background at the initial application phase of a job search. The following are some basic facts about the Job Opportunities Act.
WHAT EMPLOYERS ARE COVERED BY THE JOB OPPORTUNITIES FOR QUALIFIED APPLICANTS ACT?
All Illinois persons and private entities, including their agents, that employ 15 or more employees in the current or preceding calendar year, and all employment agencies pursuing jobs for employees in the State of Illinois.
HOW DOES THE JOB OPPORTUNITIES FOR QUALIFIED APPLICANTS ACT IMPACT A COVERED EMPLOYER?
The Job Opportunities Act bars covered employers from inquiring about or into, considering, or requiring the disclosure of the criminal record or criminal history of an applicant as part of its initial vetting process. The Job Opportunities Act states that criminal record and history information cannot not be requested from an applicant or considered until one of the following occurs:
- The applicant has been determined qualified for the position and notified that the applicant has been selected for an interview by the covered employer or employment agency; or
- In the event that there is not an interview, after a conditional offer of employment is made to the applicant by the covered employer or employment agency.
ARE THERE EXCEPTIONS TO THE JOB OPPORTUNITIES FOR QUALIFIED APPLICANTS ACT?
Yes. Covered employers and employment agencies can avoid the impact of the Job Opportunities Act under one of the following exceptions:
- The employer is required to exclude applicants with certain criminal convictions from employment due to Federal or State law;
- A certain bond is required for the position and a conviction of a crime would disqualify the applicant from obtaining the needed bond; or
- Employers employ individuals licensed under the Emergency Medical Services (EMS) Systems Act.
In addition, an employer is permitted to notify applicants in writing as to specific offenses that will disqualify an applicant from employment in a particular position due to Federal or State law, or the employer’s policy.
WHAT IS THE PENALTY FOR NON-COMPLIANCE WITH THE JOB OPPORTUNITIES FOR QUALIFIED APPLICANTS ACT?
The provisions of the Job Opportunity Act are enforced by the Illinois Department of Labor (“IDOL”) The IDOL is authorized to impose civil penalties ranging from a written warning, to a fine of up to $1,500.00, with an additional $1,500.00 added per month of non-compliance, for repeat offenders.
WHAT CAN COVERED EMPLOYERS DO TO COMPLY WITH THE JOB OPPORTUNITIES FOR QUALIFIED APPLICANTS ACT?
The new legal requirements that the Job Opportunities Act imposes on many covered Illinois employers represents a vast departure from many old line application procedures. Covered employers should carefully review their application materials and procedures with legal counsel to ensure that they are not seeking information about criminal history of an applicant in the first round of the application process. Often, changes to the applications used, and initial application procedures, are necessary to avoid violating the Job Opportunities Act.
Based upon recent Illinois law changes, it is important for businesses to look closely at their policies and materials used for recruiting new employees. For more information about this article, or Illinois employment law in general, please feel free to contact John W. Albee at Albee Law PC via telephone (312) 279-0115 or via email at jalbee@albeelaw.com.
