HB3005 98TH GENERAL ASSEMBLY

LRB098 05349 JLS 41637 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3005

Introduced , by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

New Act

Creates the Employee Background Check Act. Provides that employers may not conduct criminal history inquiries with respect to a candidate for employment until after the employer has received an application from and interviewed the candidate. Provides an exemption to permit background checks when a candidate's criminal history is an essential factor in the hiring decision. Permits questions concerning convictions during interviews. Authorizes a private right of action to remedy violations.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Employee Background Check Act.

Section 5. Definitions. As use in this Act:

"Background check" means a pre-application criminal history inquiry.

"Candidate" means any person considered by an employer when identifying potential employees including, but not limited to, persons who ask to be considered for employment or who request information from an employer regarding potential employment.

"Employer" means any entity that employs one or more persons.

"Employment" means any occupation or vocation.

Section 10. Background check permitted.

(a) An employer may conduct or have conducted on its behalf a background check on a candidate for employment only after the employer has received an application from and interviewed the candidate for employment.

(b) The limitation on the utilization of background checks set forth in subsection (a) of this Section does not apply to, nor limit, the conducting of background checks by or on behalf of an employer if a candidate's criminal history is an essential factor in any hiring decision for a position for which criminal history of the applicant is of such sensitivity that a background check is warranted.

(c) This Section does not prohibit an employer from asking a candidate about criminal convictions during an interview.

Section 15. Remedy.

(a) A candidate may apply to the circuit court for issuance of an injunction to enforce compliance with this Act.

(b) A candidate may recover actual damages, reasonable attorney's fees, costs, and reasonable expenses of litigation from an employer who violates this Act.