On March 23, 2021, the Governor signed legislation [1] into effect amending the Illinois Human Rights Act to prohibit employers from barring applicants with conviction records from employment opportunities. Employers are now required to participate in an interactive process with the applicant/employee to determine whether there is a substantial relationship or unreasonable risk between the conviction noted in the records and the employment opportunity. The amendment provides employees the right to receive written notice of the employer’s determination with an explanation of the decision. Additionally, the employee/applicant is now provided an opportunity to respond with information on mitigating measures that may impact the final decision. For the purpose of this amendment, an employer is considered any Illinois employer with one (1) or more employee(s). In an effort to help employers and employees navigate these amendments, the Illinois Department of Human Rights issued a FAQ [2]. This change will require employers to look closely at their hiring/employment policies and procedures. As always, Tressler attorneys are available to help you navigate the requirements of this new amendment.
For more information about this article, contact Tressler attorney Elizabeth Wagman [3] at ewagman@tresslerllp.com [4].