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Illinois Employee FairnessBackground Check

First, have you even heard about this? If you're not in Illinois, does your state have similar rules?

Check this out. I'm sitting in my office working and receive a call from a young man who has had two employment offer rescinded based on his background check. Turns out that a new rule was enacted in the State of Illinois on March 23, 2021 banning employers from rescinding or terminating employees based on their background check.

Essentially, what this new rule does is modify the Illinois Human Rights Act by protecting employees/applicants from adverse treatment in employment decisions if the conviction does not substantially interfere with the job or is likely to cause harm to others.

It imposes a duty on the employer to engage in an interactive process by informing the employee of the decision based on the criminal record and to provide the applicant or employee time to respond in hopes of keeping the job.

This rule is important because it could become the basis for race discrimination or retaliation complaints.

Are you a small business owner or an employee of one who isn't sure whether there's been a violation of this rule? Give us a call at 708-234-7298.


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