On March 23, 2021, Illinois Governor J.B. Pritzker signed amendments to the Illinois Human Rights Act (IHRA) that impose immediate restrictions regarding the use of criminal conviction records by Illinois employers. The amendments present significant changes from the previous version of the IHRA. Accordingly, Illinois employers who conduct criminal background checks in connection with hiring or as part of ongoing employment need to have practices in place to ensure compliance with the new requirements.
This new law makes it a “civil rights violation” for any Illinois employer to use a conviction record when taking any adverse action against an applicant or employee based on a “criminal conviction record,” unless there is: (1) a “substantial relationship” between one or more previous criminal offenses and the employment sought or held; or (2) a situation where granting employment or the continuation of employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. Under the IHRA, a conviction record is information that a person has been convicted of a felony, misdemeanor or other criminal offense, placed on probation, fined, imprisoned or paroled pursuant to any law enforcement or military authority. Adverse action broadly includes any refusal to hire or other actions taken with respect to recruitment, promotion, training, discipline, discharge or conditions of employment. #criminalconvictions,
