On March 23rd, Governor Pritzker signed an amendment to the Illinois Human Rights Act into effect. The amendment will create a series of new requirements for employers who make adverse employment decisions based on an employee’s criminal background.
First, before any adverse decision is made, the employer must consider whether the employment would offer an opportunity for the same offense to recure and whether the same circumstance that led to the original conviction are likely to recur in the employment environment.
If the employer moves forward with the adverse action, they must then provide the employee with a written notification of their decision, and a five business-day response period.
Finally, if the employer ultimately terminates an employee based on a disqualifying conviction, the employer must provide an additional written notification containing their reasoning and informing the employee of their right to file a charge with the Illinois Human Rights Commission.
If you have questions about how these requirements affect you, contact us for a free, 30-minute consultation with an employment lawyer.