New IHRA Amendments Restrict Employer's Use of Criminal Conviction Records

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,

Mediation v. Arbitration

Mediation: The parties to the dispute retain the right to decide whether or not to agree to a settlement. The mediator has no power to impose a resolution, other than the power of persuasion. ... Arbitration: The parties give the power to decide the dispute to the arbitrator.

#mediation, #arbitration,

Revoked Drivers License

 A revocation is the indefinite loss of driving privileges. There is no 'automatic' reinstatement even after the period of revocation ends. Instead, a person becomes 'eligible' for reinstatement and cannot drive until first appearing at a hearing before the Secretary of State and being granted driving privileges. #revokeddriverslicense,

Illinois Power of Attorney

 The basic requirements of the Illinois Power of Attorney Act include:

1. A designation of an agent and a written description of their powers.
2. A properly signed power of attorney document (signed by the principal)
3. A properly witnessed and signed power of attorney document (by an individual at least 18 years old) #powerofattorney,
   
   
   

Child Custody

 Under Illinois law, married parents have joint residential and legal custody of a child born of the marriage while they are married. With unmarried parents, the mother has sole legal and residential custody of the child until a finding of paternity is made and the father petitions the court for some form of custody. #childcustody,

Extended Moratorium On Evictions

The Centers for Disease Control and Prevention on Monday moved to continue the pandemic-related protection, which had been scheduled to expire on Wednesday. The moratorium is now extended through the end of June.The moratorium, initially put in place last year, provides protection for renters out of concern that having families lose their homes and move into shelters or share crowded conditions with relatives or friends during the pandemic would further spread the highly contagious virus, which has killed more than 545,000 people in the United States.To be eligible for the housing protection, renters must earn $198,000 annually or less for couples filing jointly, or $99,000 for single filers; demonstrate that they’ve sought government help to pay the rent; declare that they can’t pay because of COVID-19 hardships; and affirm they are likely to become homeless if evicted. #banonevictions, #evictions,

Prenuptial Agreements

In Illinois, prenuptial agreements must be in writing and signed by both parties in order to be enforceable. Prenuptial agreements can include provisions detailing the division of assets if the relationship breaks down and ends in divorce. Both parties must voluntarily sign the prenuptial agreement. #prenuptialagreements,