HB5701ham002 98TH GENERAL ASSEMBLY

Rep. Rita Mayfield

Filed: 3/18/2014

09800HB5701ham002 LRB098 18610 OMW 57027 a

AMENDMENT TO HOUSE BILL 5701

AMENDMENT NO. ______. Amend House Bill 5701 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Job Opportunities for Qualified Applicants Act.

Section 5. Findings. The General Assembly finds that it is in the public interest to do more to give Illinois employers access to the broadest pool of qualified applicants possible, protect the civil rights of those seeking employment, and ensure that all qualified applicants are properly considered for employment opportunities and are not pre-screened or denied an employment opportunity unnecessarily or unjustly.

Section 10. Definitions. As used in this Act:

"Applicant" means any person pursuing employment with an employer or with or through an employment agency.

"Employer" means any person or entity, private or public, who has one or more employees in the current or preceding calendar year, and any agent of such an entity or person.

"Public employer" means the State, an agency, department, commission, board, political subdivision, or instrumentality thereof, a unit of local government, or a school district.

"Employment agency" means any person or entity regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.

"Employment" means any occupation or vocation.

Section 15. Employer pre-screening.

(a) 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 or, if there is not an interview, until after a conditional offer of employment is made to the applicant by the employer or employment agency.

(b) The requirements set forth in subsection (a) of this Section do not apply for positions where employers are required to exclude applicants with certain criminal convictions from employment due to federal or State law.

Section 20. Private employer violations.

(a) The Illinois Department of Labor shall investigate any alleged violations of this Act by a private employer or employment agency. If the Department finds that a violation has occurred, the Director of Labor may impose the following civil penalties:

(1) For the first violation, the Director shall issue a written warning to the employer or employment agency that includes notice regarding penalties for subsequent violations and the employer shall have 30 days to remedy the violation;

(2) For the second violation, or if the first violation is not remedied within 30 days of notice by the Department, the Director may impose a civil penalty of up to $500;

(3) For the third violation, or if the first violation is not remedied within 60 days of notice by the Department, the Director may impose an additional civil penalty of up to $1,500;

(4) For subsequent violations, or if the first violation is not remedied within 90 days of notice by the Department, the Director may impose an additional civil penalty of up to $1,500 for every 30 days that passes thereafter without compliance.

(b) Penalties under this Section may be assessed by the Department and recovered in a civil action brought by the Department in any circuit court or in any administrative adjudicative proceeding under this Act. In any such civil action or administrative adjudicative proceeding under this Act, the Department shall be represented by the Attorney General.

(c) All moneys recovered as civil penalties under this Section shall be deposited into the Job Opportunities for Qualified Applicants Enforcement Fund, a special fund which is created in the State treasury. Moneys in the Fund may be used only to enforce private employer violations of this Act.

Section 25. Public employer violations. Any complaints or grievances concerning alleged violations of Section 10 of this Act by public employers shall be processed and adjudicated as follows:

(1) Municipalities, units of local government, and school districts shall be subject to the same provisions and penalties as private employers under Section 20 of this Act. The Department of Labor shall provide written warning to such employers regarding violations, and impose escalating civil penalties as set forth in Section 20 of this Act.

(2) A person who is injured by a violation of this Act by the State or an agency, department, commission, board, instrumentality, or political subdivision thereof may bring a civil action in circuit court to obtain injunctive relief or damages, or both. The court shall award costs, reasonable litigation expenses, and reasonable attorney's fees to a person who prevails as a plaintiff in an action authorized under this Section.

Section 90. The State Finance Act is amended by adding Section 5.855 as follows:

(30 ILCS 105/5.855 new)

Sec. 5.855. The Job Opportunities for Qualified Applicants Enforcement Fund.

Section 99. Effective date. This Act takes effect January 1, 2015.".