Limited Use of Criminal Background Checks in Hiring Just two days before the close of the legislative session, the Illinois General Assembly passed the Job Opportunities for Qualified Applicants Act (JOQAA). Effective January 1, 2015, employers would be prohibited from inquiring about an applicants criminal background until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview. If no interview is necessary, the employer may not inquire about criminal backgrounds until after a conditional offer of employment is made. The JOQAA would not apply to three types of positions: Positions where applicants with certain criminal convictions are prohibited from being employed by federal or state law Positions where an applicants conviction would disqualify him/her from obtaining a necessary bond to become employed Positions where licensing under the Emergency Medical Services Systems Act is required. Nothing in the JOQAA prevents employers from advising applicants in writing of the specific offenses that would disqualify an applicant from a particular position due to federal or state law or the employers policy. The Illinois Department of Labor is responsible for investigating and enforcing the JOQAA, and there is no private right of action under the JOQAA. Regardless, employers must be mindful that the JOQAA does not undermine protections already in place under the Illinois Human Rights Act regarding discrimination based on criminal convictions.
Posted on: Mon, 01 Dec 2014 06:48:05 +0000
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