Fair Chance Updates to the Illinois Human Rights Act (IHRA)

Employers who hire in Illinois should review their procedures to ensure compliance

Illinois Senate Bill 1480 (SB1480) brings significant changes to the state’s Human Rights Act, particularly concerning the consideration of conviction records in employment screening. This legislative update introduces an “interactive assessment” process that employers must adhere to when evaluating the impact of conviction records on potential employees. The bill aims to strike a balance between giving individuals with criminal histories fair opportunities for employment while allowing employers to make informed decisions in certain circumstances.

The cornerstone of SB1480 is the interactive assessment process, a mechanism designed to ensure a nuanced evaluation of an individual’s criminal record. The interactive assessment involves considering six specific factors to determine the appropriateness of an adverse employment decision based on a conviction record:

  1. Nature and severity of the offense: Employers must weigh the gravity of the offense, differentiating between minor infractions and more serious crimes.
  2. The time that has elapsed since the offense: The bill recognizes the importance of temporal distance from the offense, acknowledging that individuals may have rehabilitated themselves over time.
  3. The number of offenses for which the individual was convicted: Multiple convictions may be considered differently than a single conviction, with a focus on patterns of behavior.
  4. The age of the individual at the time of conviction: Recognizing that youthful offenders may deserve more leniency, the age at the time of the conviction is a crucial factor.
  5. Evidence of rehabilitation efforts: Individuals who have taken proactive steps towards rehabilitation, such as education or job training programs, should be given due consideration.
  6. The employment history of the individual since the conviction: A stable and positive employment history post-conviction is indicative of rehabilitation and can influence the assessment.

Employers are obligated to provide written notice to the individual if they are contemplating an adverse employment decision based on a conviction record. This notice must include a copy of the conviction report, inform the individual of their right to respond, and allow a reasonable period for the individual to provide additional information or context.

When making an adverse employment decision, employers are required to consider two key factors: the “substantial relationship” between the criminal offense and the employment sought, and the “unreasonable risk” that the individual poses in the position applied for. The term “substantial relationship” refers to the connection between the nature of the criminal offense and the specific duties and responsibilities of the job. Meanwhile, assessing the “unreasonable risk” involves evaluating the potential harm or danger the individual might pose in the position.

It’s important to note that there are instances when federal or state law mandates considering an individual’s criminal history for certain positions. In such cases, employers are obligated to comply with these legal requirements.

Illinois employers need to be well-versed in the nuances of SB1480 to ensure compliance with the updated Human Rights Act. Failing to adhere to the interactive assessment process and other provisions of the law could expose employers to legal challenges and penalties. As such, it is advisable for employers to review and revise their hiring policies and practices to align with the new requirements and to seek legal counsel if needed to navigate the complexities introduced by SB1480.

For more information, read the FAQ from the Illinois Department of Human Rights

 

 

Fair Screen is a background screening company dedicated to helping employers fairly use criminal records in the hiring process. Contact Us to learn more about how a well-tuned screening process can speed the time to hire, include more job applicants, and help ensure your consistency and compliance. Help us make a difference!

 

 

The foregoing content is not given as legal advice but is instead offered for informational purposes only. Fair Screen is not a law firm and therefore cannot offer legal advice. We always recommend speaking with an attorney who is knowledgeable about your company’s individual circumstances prior to making any hiring decisions or policy changes. Fair Screen makes no assurances regarding the accuracy or completeness of this content.