In March 2021, Illinois took a significant step toward promoting fair employment practices. Recently signed into law, the Employee Background Fairness Act brings important changes to hiring processes across the state. This legislation aims to provide more opportunities for individuals with criminal records while balancing the needs of employers.
What Is the Employee Background Fairness Act?
The Employee Background Fairness Act modifies the Illinois Human Rights Act to help establish fair hiring practices. Under this law, employers can no longer disqualify job applicants based solely on their conviction records, with some exceptions. This change gives people who committed criminal offenses in their past a better chance at finding rewarding employment.
Key Points to Consider
Several key factors that define the Employee Background Fairness Act include:
Prohibiting Automatic Disqualification
Employers can't dismiss candidates solely based on criminal history. According to the amended Illinois Human Rights Act, this is now a violation of state civil rights.
Exceptions When Necessary
Employers may deny employment if there's a significant connection between one or more prior criminal offenses and the job being applied for or currently held. They can also deny employment if allowing or maintaining it poses an unreasonable risk to property or to the safety and well-being of specific individuals or the broader community.
Consideration Required
Before taking adverse action, employers must assess several factors and conduct a tailored review. This review should consider the following:
Length of time since the conviction(s)
Number of convictions on the record
Nature and severity of the conviction(s) and their relationship to the safety and security of others
The facts or circumstances surrounding the conviction(s)
The age of the person at the time of the conviction(s)
Evidence of rehabilitation efforts
Employers must carefully weigh these factors against job requirements before making a final decision.
Notice and Response Process
Employers must inform applicants if their criminal record may lead to disqualification. They must also allow them 5 business days to respond to the notice.
Applicants may submit evidence challenging the accuracy of the conviction(s) as well as proof of mitigating factors. This process allows people to challenge an employer's decision and provide additional context about their situation.
Impact on Illinois Employers and Job Seekers
The Employee Background Fairness Act in Illinois greatly impacts both employers and job applicants.
Employers must update hiring processes to comply with the new law. They must also be prepared to face potential penalties for non-compliance, including damages and legal fees.
Additionally, hiring employees with criminal records will likely become less taboo and more commonplace. This opens up a pathway for understanding and improved professional relationships.
For job seekers with records, they will receive increased and better opportunities. They'll also get a chance to provide context surrounding their convictions and life after. For example, they will be able to share evidence of rehabilitation with employers before unfair dismissal.
Lofgren Legal Is Here for You
The Illinois Employee Background Fairness Act changes hiring practices to ensure fair job opportunities while considering what employers need. This law gives those with criminal records a better chance on the job market and still allows employers to make informed decisions.
Understanding your rights as an employee under this law is crucial. If you have a criminal record and have faced unfair hiring practices in Illinois, contact Lofgren Legal.
Our criminal defense attorney has 10 years of experience protecting clients' rights. At our firm, we understand how difficult it can be to get back on your feet after a conviction. That's why we're here to help protect you and your future. Reach out today to schedule a free consultation!
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