“Ban the Box” is Now Law; Make Sure Your Organization is in Compliance
January 5, 2015
State of Illinois
Illinois joined a growing list of states that have enacted "Ban the Box" legislation or the Job Opportunities for Qualified Applicants Act which restricts an employer’s ability to inquire into an applicant’s criminal history.
The law went into effect on Jan. 1, 2015.
Under this new law, employers and employment agencies with 15 or more employees will be prohibited from inquiring into or considering any criminal records or history in the initial application process.
There are exceptions (see below), but employers covered under this law will have to wait to inquire about criminal records or history until the applicant has been determined to be qualified for the position and notified that they have been selected for an interview by the employer or employment agency; or, if there is no interview, until after a conditional offer of employment is made to the applicant by the employer or employment agency.
The Illinois Department of Labor will investigate any alleged violations made by an employer or employment agency and can impose civil penalties if a violation has occurred.
What do you need to do right now to comply? All questions referencing criminal records or history should be removed from job applications, forms, or questions that occur prior to the point of when the job applicant is offered an interview or conditional offer of employment. Any questions regarding the State law can be directed to the Illinois Department of Labor at 312-793-2800.
Exceptions include:
- Emergency Medical Services (EMS) workers licensed under the EMS Systems Act;
- Employers required to exclude applicants with certain criminal convictions from employment due to federal or state law;
- For positions where a standard fidelity bond is required and one or more specified offenses would disqualify the applicant from obtaining the bond, the employer may inquire as to whether the applicant has been convicted of such.
City of Chicago
The City of Chicago passed its own “Ban the Box” ordinance on Nov. 5, 2014. The Chicago ordinance requires that all employers (which may include nonprofits and foundations subject to City of Chicago licensing requirements) with fewer than 15 employees refrain from inquiring into or considering any criminal records or history in the initial application process (there are some exceptions).
The ordinance went into effect on Jan. 1, 2015.
What do you need to do right now to comply? All questions referencing criminal records or history should be removed from job applications, forms, or questions that occur prior to the point of when the job applicant is offered an interview or conditional offer of employment. Any questions regarding the Chicago ordinance can be directed to the Chicago Commission on Human Relations at 312-744-5620.