Illinois SB1480: New Background Check Requirements
Illinois employers using criminal history checks must now perform individualized assessments and follow new IHRA notification requirements under SB1480.
Illinois SB1480: New Background Check Requirements
On March 23, 2021, Governor J.B. Pritzker signed a bill that imposes new requirements on Illinois employers that utilize criminal history checks for employment purposes. Under this new bill (SB1480), employers in Illinois must fulfill three specific requirements before making an employment decision based upon a candidate’s conviction record: They must perform an individualized assessment, follow the adverse action notification process, and inform individuals of their right to file a charge with the Illinois Department of Human Rights under the Illinois Human Rights Act (IHRA).
For companies that do business outside of Illinois, these requirements likely look very familiar as they’re in line with the Fair Credit Reporting Act (FCRA) and Equal Employment Opportunity Commission (EEOC) guidance. The FCRA is the federal law that governs the preparation and utilization of consumer reports, including (but not limited to), the usage of a candidate’s criminal record to make an employment decision. If employers do not follow the new IHRA provisions, not only may they be putting themselves at risk of a discrimination charge under the IHRA, but it may also be argued that the employer violated the FCRA. Employers may want to consider consulting with their attorney to ensure their internal policies are up to date.
Is Your Screening Process Compliant?
If your team has not recently evaluated your background screening process to determine if it meets IHRA and FCRA compliance standards, reach out to us at sales@mycrc.com for assistance, or contact our team to schedule a consultation.
This post reflects Illinois background check compliance requirements as of April 2021, the time of original publication.
