In recent years, Illinois has implemented several new laws that directly affect background checks and license applications, significantly altering the landscape for job seekers, employers, and licensed professionals. These changes reflect broader national trends toward fair employment practices and aim to promote inclusivity while maintaining public safety.
This article provides a detailed look at how these new Illinois laws impact background checks, professional license applications, and what individuals and businesses need to know to stay compliant.
Overview of New Illinois Laws
Illinois has passed multiple laws in recent years that focus on fair hiring practices, reducing discrimination based on criminal records, and ensuring that individuals with a criminal history still have access to employment and professional licenses. Here are some key pieces of legislation:
- The Job Opportunities for Qualified Applicants Act (“Ban the Box”)
Passed in 2014, this law prohibits private employers in Illinois with 15 or more employees from asking about an applicant’s criminal history on job applications. Employers are only allowed to inquire about criminal backgrounds after the applicant has been deemed qualified for the position. - Amendments to the Illinois Human Rights Act (IHRA)
In 2021, Illinois expanded protections for individuals with criminal records, preventing employers and licensing agencies from discriminating against individuals solely based on their criminal history. The IHRA now includes protections against the denial of professional licenses unless the conviction is directly related to the duties of the profession. - Changes to Expungement and Sealing Laws
Illinois has made it easier for individuals with criminal records to seal or expunge their records. Under these reforms, more offenses are eligible for sealing, allowing people to apply for jobs or licenses without the stigma of a criminal record. - The License to Work Act
Effective in 2020, this law prevents Illinois from suspending or denying professional licenses due to unpaid student loans or other financial debts, allowing individuals to maintain their professional standing and employment without being penalized for financial hardships.
How These Laws Affect Employers and License Applicants
These changes impact the hiring and licensing processes in significant ways, requiring both employers and licensing agencies to adjust their policies to comply with the new laws.
For Employers:
- Background Check Timing
Employers can no longer ask about criminal history early in the hiring process. Background checks should only occur after a conditional offer of employment has been made. This “Ban the Box” legislation promotes fair hiring by preventing immediate disqualification based on a criminal record before qualifications are considered. - Fair Consideration of Criminal Records
Under the IHRA, employers must evaluate whether an applicant’s criminal history is directly related to the job duties before making hiring decisions. This means that an applicant’s past offenses cannot automatically disqualify them unless there is a clear connection to the role they are applying for. - Nondiscrimination Compliance
Employers should review their background check and hiring policies to ensure they are not inadvertently discriminating against applicants with criminal histories. Failure to comply with these laws can result in legal consequences and damage to a company’s reputation.
For License Applicants:
- Increased Access to Professional Licenses
Under the revised IHRA, licensing agencies cannot deny a professional license based solely on an individual’s criminal history unless the conviction is directly related to the profession. This opens doors for individuals with criminal records to pursue careers that were previously inaccessible to them. - No License Denial for Financial Reasons
With the License to Work Act, individuals facing financial difficulties, such as unpaid student loans, no longer need to fear losing their professional licenses. This law ensures that financial hardships don’t block career progression. - Sealing and Expungement
Expanded expungement and sealing laws allow more individuals to clear their records, giving them a fresh start when applying for jobs or licenses. Once records are sealed or expunged, they cannot be used in hiring decisions or to deny licenses.
FAQ on New Illinois Laws Impacting Background Checks and License Applications
1. What is the “Ban the Box” law?
The “Ban the Box” law prevents employers from asking about an applicant’s criminal history on job applications. They can only inquire about criminal history after the applicant has been determined to be qualified for the position or after a conditional job offer has been made.
2. Can an employer deny me a job based on my criminal record?
Under the Illinois Human Rights Act, an employer cannot deny you employment solely because of your criminal record unless the conviction is directly related to the responsibilities of the job you’re applying for.
3. Can my professional license be denied because of my criminal history?
Licensing agencies can only deny a professional license if your conviction is directly related to the profession for which you are applying. The 2021 amendments to the IHRA provide greater protection against discrimination based on criminal history.
4. What happens if I have unpaid student loans?
The License to Work Act prevents the state of Illinois from suspending or denying professional licenses due to unpaid student loans. This law ensures that individuals facing financial hardships can continue working without risking the loss of their license.
5. How do I seal or expunge my criminal record?
To seal or expunge your criminal record, you must file a petition with the court. If approved, your record will be cleared, meaning employers or licensing agencies cannot use it against you during the hiring or licensing process.
6. Can employers still run background checks?
Yes, employers can still run background checks, but only after an applicant has been deemed qualified or after a conditional job offer is made. They must also ensure that their decisions comply with state laws regarding fair consideration of criminal records.
7. What happens if an employer or licensing agency violates these laws?
If an employer or licensing agency violates these laws, they may face legal consequences, including fines or lawsuits. Applicants may file a complaint with the Illinois Department of Human Rights (IDHR) if they believe they’ve been unfairly denied employment or a license based on their criminal history.
Staying Compliant
For employers and licensing agencies, it’s essential to review and update hiring and licensing procedures to stay compliant with these new laws. Regular legal consultations and employee training can help prevent inadvertent violations.
For individuals, these changes represent an opportunity to pursue jobs and professional licenses that may have previously been out of reach. By understanding your rights and taking advantage of record sealing and expungement laws, you can improve your chances of a successful career.
Conclusion
The new Illinois laws impacting background checks and license applications reflect a significant step toward fairer hiring practices and greater access to professional opportunities for individuals with criminal records. Whether you’re an employer, job seeker, or licensed professional, understanding these laws and adjusting your approach accordingly is key to navigating this new legal landscape.
For more information on how these laws may affect you or your business, it is recommended to consult with legal professionals or visit the official state websites for detailed guidance.
References
- Illinois Department of Human Rights – IHRA
- Illinois Job Opportunities for Qualified Applicants Act
- License to Work Act Details
These laws help create a fairer playing field for all and ensure that criminal records don’t needlessly block individuals from achieving professional success.