Monday, March 2, 2015

Does your application ask about an applicant's criminal background? If you're in Illinois, it shouldn't.

Illinois' “Ban The Box” Law:  The Job Opportunities for Qualified Applicants Act, which took effect January 1, 2015, prohibits private employers with 15 or more employees, as well as all employment agencies, from asking about, requiring disclosure of, or considering an applicant’s criminal history, until the employer/employment agency has decided that the applicant is qualified for the job and has notified the applicant of his or her selection for an interview or – if there is no interview – until a conditional job offer has been made.  There are some exceptions for safety sensitive positions.

PRACTICE TIP:  Make sure your employment applications no longer have ANY questions related to criminal records.  Background checks may still be done, but not at the application stage.

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