by Steven L. Brenneman
Fox, Swibel, Levin & Carroll, LLP
On July 21, Illinois Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will prohibit most private-sector employers and employment agencies with 15 or more employees from asking applicants about their criminal histories and conducting criminal background checks until after applicants are deemed qualified for a job. The law will go into effect on January 1, 2015.
Under the law, employers may not inquire about, consider, or require disclosure of an applicant’s criminal record or criminal history until he has been deemed qualified for a position and has been notified that he has been selected for an interview. If there is no interview, the employer may not inquire into the applicant’s criminal record or criminal history until after making a conditional offer of employment.