Illinois Enacts "the Job Opportunities for Qualified Applicants Act" (Ban the Box)

Illinois becomes the 5th state to "ban the box" for private/publicly traded employers, joining Hawaii, Massachusetts, Minnesota, Rhode Island, Baltimore, MD, Buffalo, NY, Rochester, NY, San Francisco, CA, and Seattle, WA.  Other cities/states have passed similar laws that impact state and/or city employees.

The law was signed by Illinois Governor Patrick Quinn on July 19, 2014 and becomes effective on January 1, 2015.  The law applies to all private and publicly traded employers and/or employment agencies in the state of Illinois with 15 or more employees.

Employer Pre-Screening Prohibited

An employer or employment agency may not inquire about or "into, consider, or require disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview by the employer or employment agency.  If an employer does not interview applicants then the criminal record or criminal history inquiry cannot take place until after a conditional offer of employment has been made to the applicant by the employer or employment agency."

Exclusions

The act does not apply to the following: 

1. Employers that are required to exclude applicants with certain criminal convictions from employment due to federal or state law; or
2. In rare instances, a standard fidelity bond or an equivalent bond is required and an applicant's conviction of one or more specified criminal offenses would disqualify the applicant from obtaining such a bond, in which case an employer may include a question or otherwise inquire whether the applicant has been convicted of any of those offenses; or
3. Employers that employ individuals licensed under the Emergency Medical Services (EMS) System Act. 

Other Employer Considerations

Although the act prohibits the employer from making a direct inquiry of an applicant until later in the process (except for the listed exclusions) the act does not prohibit an employer from notifying applicants in writing of specific criminal offenses that will disqualify an applicant from employment due to a federal or state law or the employer's policy.  Aurico recommends that prior to such notification employers review the notification with their legal counsel.

Aurico recommends that employers review their job applications on a regular basis with their legal counsel along with a review of the updated criminal guidance (April, 2012) regarding consideration of arrest and conviction records under Title VII of the Civil Rights Act of 1964.