Ban the Box - SB1480 Illinois General Assembly
Illinois is the latest state to join the growing list of states, counties and municipalities that have passed or amended Ban the Box requirements when using criminal conviction records as part of the employment screening process.
Most notably the new IL
law, effective March 23, 2021, requires that
employers must demonstrate a strong nexus between any criminal convictions
record(s) and the position sought, or that an unreasonable risk exists based on
the conviction record(s). The law also outlines six (6) specific adjudication
factors employers must first consider when considering criminal conviction
records for employment purposes including but not limited to hiring, retaining
In addition, if a criminal conviction record is the basis for
any employment related purpose or action by the employer, the employer must
include the following in a pre-adverse action notice:
- Conviction record information that is the basis for the pre-adverse action;
- Copy of the conviction record information;
- Disqualification reasoning; and
- Notice of rights the individual has with regards to challenging accuracy of the report or mitigating information the individual may want to submit
Employers must offer at least a five (5) business day waiting
period between pre and adverse action and include specific notice requirements
in any final adverse action letter.
here to read Seyfarth Shaw LLP’s synopsis of
the new law.
More information is also available in the Illinois
Department of Human Rights FAQs
- Conviction Record Protection
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