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New Laws for 2021: SB 1480 (Illinois)

 

On March 23rd, Illinois Governor J.B. Pritzker signed SB 1480 into law which adds a new section to the Illinois Human Rights Act that makes it a civil rights violation for an employer to use an individual’s criminal record in any employment decision unless one of two exceptions applies:  1) there is a “substantial relationship” between the offense and the individual’s employment; or 2) hiring or continuing to hire the individual would pose an “unreasonable risk” to property or the safety of others.

Before making an adverse employment decision, the employer must consider six mitigating factors:  1) the length of time since the conviction; 2) the number of convictions on the individual’s record; 3) the nature and severity of the conviction and the relationship to safety and security of others; 4) the facts or circumstances surrounding the conviction; 5) the age of the individual at the time of conviction; and 6) evidence of rehabilitation efforts.

Note, before making an adverse decision, the employer must engage in an “interactive assessment” with the individual and provide them with written notice of the employer’s preliminarily decision and the basis for the decision that the conviction is substantially related or poses a risk of harm.  The individual thereafter must be given at least five business days to respond and the employer must consider information submitted by the individual before making a final decision.  Even after the employer makes a final decision, a second notice must be provided to the individual that explains the basis for the decision, advises of any internal appeal process, and gives the individual notice of the individual’s right to file a charge of discrimination with the Illinois Department of Human Rights.


For additional information:  https://ilga.gov/legislation/fulltext.asp?DocName=10100SB1480ham002&GA=101&SessionId=108&DocTypeId=SB&LegID=118365&DocNum=1480&GAID=15&SpecSess=&Session=

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