Restriction Explanation
Ban-the-Box 1: Use of criminal record only after applicant meets minimum employment qualifications As of January 1, 2015, the Job Opportunities for Qualified Applicants Act prohibits private employers with 15 or more employees (in the past or current year) and all employment agencies from asking of, requiring disclosure of, or considering an applicant’s criminal history, until the employer/employment agency has decided the applicant is qualified for the job and has notified the applicant of his or her selection for an interview. Or if there is no interview until a conditional job offer has been made.
Key Municipal Employment Restriction on Private Employers Employers in Chicago have additional restrictions, per Executive Order 2018-1.
Use of credit report An employer may not inquire about or obtain a credit report unless the employer is excluded or there is an exemption for a specific position. The use of credit header information is specifically authorized. There are excluded employers and excluded positions – see the next two sections.
Use of Social Media Password Information Effective January 1, 2013, Illinois law protects current and prospective employees’ right to privacy. House Bill 3782 made it illegal for an employer to request an employee’s or job applicant’s social network account information – such as username or password – in order to gain access to the account or profile. The law does not prohibit an employer from viewing or using information publicly available on social media.
Use of Worker’s Comp Record An employer may not inquire about past worker’s comp injuries or benefits received.
Use or inquiry of sealed, expunged, pardoned or erased records Employment application must state that the applicant need not disclose any expunged arrest or conviction.