...
Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to private employers with 15 or more employees in the current or preceding calendar year.
Effective January 1, 2015, covered employers may not inquire into, consider, or require the disclosure of an applicant's criminal record or criminal history until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview or, if there is not an interview, until after a conditional offer of employment is made. The law provides exceptions for certain positions, such as those where state or federal law requires employers to exclude applicants with certain criminal conviction. HB 5701, Job Opportunities for Qualified Applicants Act.
The law applies only to private employers because state agencies “banned the box” per a 2013 executive order. The order directed and prohibited agencies from researching a candidate’s criminal history until after the candidate was deemed eligible and under consideration for the position.
State
Contacts
Employer immunity from disclosure claims
Arrest record inquiries
Illinois Human Rights Commission
Conviction record Inquiries
Illinois Human Rights Commission
Regulations
Employer immunity from disclosure claims
745 ILCS 46, Employment record disclosure act
Arrest record inquiries
Illinois Comp. Statute 775 Section 5/2-103, Arrest record
Conviction record inquiries
Illinois Comp. Statute 775 Section 5/2-103, Arrest record
Social media information
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.