Since Gov. J. B. Pritzker signed Senate Bill 1480 (the Act) on March 23, 2021, the standards for employers have been raised for both hiring and employment practices. The Act incorporated significant changes to the Illinois Human Rights Act, the Illinois Business Corporation Act and the Illinois Equal Pay Act.
As explained below, the Act limits employers’ ability to consider criminal convictions in hiring and employment decisions, requires them to obtain a registration certificate to show compliance with federal and state equal pay laws and imposes new requirements for reporting workforce demographics to the Illinois Secretary of State.
Changes to Illinois Human Rights Act (IHRA)
The Act, which covers “any person employing 1 or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation,” prohibits an employer from using a conviction record as the basis for an employment decision unless either of the following is true:
- there is a “substantial relationship” between one or more of the previous criminal offenses and the employment sought or held
- the granting or continuation of employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public
“Conviction record” includes, but is not limited to, information showing that a person has been convicted of a felony, misdemeanor or other crime, placed on probation, fined, imprisoned or paroled by any...
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