Federal & State Regulations | Applications - Illinois | J. J. Keller® Compliance Network

Summary of differences between federal and state regulations

There is no one federal law that specifically addresses employment applications, although there are record retention guidelines under a variety of federal laws (see the Recordkeeping topic) and non-discrimination provisions for hiring in general (see the Discrimination topic).

Illinois law has a provision making it illegal for an employer to ask, either orally or in a written application, of a job applicant or an applicant’s previous employers, about the individual’s history of filing workers’ compensation claims. 820 ILCS 55/10

Illinois also has a provision stating that except where otherwise authorized by law, an employer may not inquire or use information pertaining to an employee’s or job applicant’s arrest record that has been expunged, sealed or impounded in any term or condition of employment. However, an employer is not prohibited from obtaining or using other information which shows the individual engaged in the conduct which was the subject of the arrest. 775 ILCS 5/2 103

An application form or other inquiry made of an applicant for employment which expresses a preference in regard to a person’s gender is illegal unless being a specific gender is a bona fide occupational qualification for the job. §5210.40

An employer can not require a job applicant to disclose national origin or ancestry unless it is a bona fide occupational qualification for the job. §5220.500