Full Text of SB1657 96th General Assembly
SB1657 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1657
Introduced 2/19/2009, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
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775 ILCS 5/2-103 |
from Ch. 68, par. 2-103 |
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Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for any employer, employment agency, or labor organization to inquire into or use the fact of an arrest that did not result in a conviction, the fact of a criminal charge that did not result in a conviction, or criminal history record information ordered expunged, sealed or impounded under the Criminal
Identification Act as a basis to
refuse to hire, to segregate, or to act
with respect to recruitment, hiring, promotion, renewal of employment,
selection for training or apprenticeship, discharge, discipline, tenure or
terms, privileges or conditions of employment (rather than the fact of an arrest or criminal history record information). Also provides that the prohibition against the use of the fact of an arrest or the fact of a criminal charge shall not be construed to prohibit an employer, employment agency,
or labor organization from obtaining or using other information which indicates
that a person actually engaged in the conduct for which he or she was
arrested.
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A BILL FOR
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SB1657 |
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LRB096 08567 KTG 18690 b |
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| AN ACT concerning human rights.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Human Rights Act is amended by | | 5 |
| changing Section 2-103 as follows:
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| (775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
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| Sec. 2-103. Arrest Record.
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| (A) Unless otherwise authorized by law,
it is a civil | | 9 |
| rights violation for any
employer, employment agency or labor | | 10 |
| organization to inquire
into or to use (1) the fact of an | | 11 |
| arrest that did not result in a conviction, (2) the fact of a | | 12 |
| criminal charge that did not result in a conviction, or (3) | | 13 |
| criminal history
record information
ordered expunged, sealed | | 14 |
| or impounded under Section 5 of the Criminal
Identification Act | | 15 |
| as a basis to
refuse to hire, to segregate, or to act
with | | 16 |
| respect to recruitment, hiring, promotion, renewal of | | 17 |
| employment,
selection for training or apprenticeship, | | 18 |
| discharge, discipline, tenure or
terms, privileges or | | 19 |
| conditions of employment. This Section
does not prohibit a | | 20 |
| State agency, unit of local government or school
district, or | | 21 |
| private organization from requesting or utilizing sealed | | 22 |
| felony
conviction information obtained from the Department of | | 23 |
| State Police under
the provisions of Section 3 of the
Criminal |
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SB1657 |
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LRB096 08567 KTG 18690 b |
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| Identification Act or under other State or federal laws or | | 2 |
| regulations that require criminal background checks in | | 3 |
| evaluating the qualifications
and character of an employee or a | | 4 |
| prospective employee.
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| (B) The prohibition against the use of the fact of an | | 6 |
| arrest or the fact of a criminal charge contained in
this | | 7 |
| Section shall not be construed to prohibit an employer, | | 8 |
| employment agency,
or labor organization from obtaining or | | 9 |
| using other information which indicates
that a person actually | | 10 |
| engaged in the conduct for which he or she was
arrested.
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| (Source: P.A. 93-1084, eff. 6-1-05.)
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