Illinois

Updated on 12 Mar 2020

Ban-The-Box & Fair Hiring Laws By State

We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

Guidance

Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.

STATE LAWS — PRIVATE SECTOR

Who must follow: This ban-the-box law applies only to private employers in Illinois with 15 or more employees or employment agencies in Illinois.

Timing of inquiry: Private employers in Illinois may only inquire into criminal history after the applicant has been selected for an interview or, if there is no interview, until after a conditional offer.

Adverse action implications:

Consideration of records: Under a different law, 775 ILCS 5/2-103, employers cannot inquire into or use the fact of an arrest, or a record ordered expunged, sealed, or impounded, as a basis for adverse action.

SEE LAW

STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public-sector employers for the State of Illinois.

Adverse action implications:

Individualized assessment: This location requires the employer to conduct an individualized assessment prior to sending a final adverse action notice.
Consideration of records: Under a different law, 775 ILCS 5/2-103, employers cannot inquire into or use the fact of an arrest, or a record ordered expunged, sealed, or impounded, as a basis for adverse action.

SEE LAW

COUNTY LAWS

CHICAGO, IL – PUBLIC AND PRIVATE

Who must follow: This ban-the-box law applies to public employers for the City of Chicago and private employers located in Chicago who are not subject to the Job Opportunities for Qualified Applicants Act.

Timing of inquiry: Employers may only inquire into criminal history after the candidate is notified of the first interview, or if there is no interview, after a conditional offer.

Adverse action implications:

Individualized assessment. This location requires a public sector, city employer to conduct an individualized assessment prior to sending a final adverse action notice.
Final adverse action. All employers, public or private, must inform candidates of the reason for adverse action as part of the final adverse action process.

Consideration of records: Under a different law, 775 ILCS 5/2-103, employers cannot inquire into or use the fact of an arrest, or a record ordered expunged, sealed, or impounded, as a basis for adverse action.

SEE LAW

Credit History Restriction: Employers may not inquire into credit history when making an employment decision, unless the information is a bona fide occupational requirement for the position.

SEE DETAILS

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