March, 2015
By Anthony J. Caruso, Jr., Esq.
An Illinois state law, effective January 1, 2015, the
Job Opportunities for Qualified Applicants Act, prohibits Illinois employers
with fifteen or more employees, from pre-screening applicants for
employment based on criminal history.
Also, a City of Chicago ordinance, effective January
1, 2015, has similar provisions for the small Chicago employer with less
than fifteen employees.
Who is covered under the Chicago law?
Any small employer with a facility in Chicago or subject to
the city’s Title 4 license requirements.
What employment positions are excluded?
The same positions as under the Illinois state law: federal
and state law exclusions based on specific crimes; standard fidelity bond
exclusions; and positions under Emergency Medical Service Systems Act.
Any special provisions under the Chicago law?
Yes! If criminal history (secured after interview or offer
of employment) is used to disqualify (in whole or in part), employers must give
written notice to the applicant as to the reason for the rejection.
What are the penalties?
The Chicago Commission on Human Relations can assess
penalties to include fines of $100 to $1,000 along with suspension or
revocation of city licenses.
If you have questions or concerns about employment policies
or any other questions related to workers’ compensation or employment law,
please call attorney Anthony J. Caruso, Jr. of Wessels Sherman’s St. Charles,
Illinois office at 630-377-1554 or e-mail ancaruso@wesselssherman.com
