Employers should take notice of the following changes made by the bill: Amended restrictions when considering criminal records in the hiring process and increased demographic reporting requirements. The bill also requires employers to certify their Illinois Equal Pay Act compliance.

Illinois Human Rights Act Amendments

The amendment to the Human Rights Act bans some employers from using conviction records in hiring decisions. It applies to anyone employing one or more employees within Illinois for 20 or more calendar weeks within a given year. However, it also offers the following exceptions:

1. If a “substantial relationship” exists between the criminal offense and the employment under consideration; or
2. If the granting or continuation of employment would pose an unreasonable risk to property or the safety or welfare of the public or particular individuals

Employers must consider six mitigating factors when reviewing a “substantial relationship” or potentially unreasonable risk. These include the following:

1. The length of time since the conviction;
2. The number of convictions appearing on the record;
3. The nature and severity of the conviction and its relationship to the safety and security of others;
4. The facts or circumstances surrounding the conviction;
5. The age of the employee at the time of the conviction; and
6. Evidence of rehabilitation efforts.

After considering these factors, employers may disqualify an employee based on a conviction record. However, they must proceed...

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