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Illinois Background Checks: What you need to know

There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, more and more frequently, employers are hiring third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, and/or credit history. There are strict legal limits on employers' obtaining and using this type of information. When employers hire a third party to conduct a background check or to obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. In Illinois, employers must comply with laws concerning criminal background checks, credit histories, credit checks, and driver's record information.
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The Illinois Employee Credit Privacy Act prevents many employers from using credit histories and performing credit checks when making employment decisions, including hiring. Under the law, "credit history" means an individual's past borrowing and repaying behavior, including paying bills on time and managing debt and other financial obligations. "Credit report" means any written or other communication of any information by a consumer reporting agency that bears on a consumer's creditworthiness, credit standing, credit capacity, or credit history.
Employment decisions based on credit history or credit report not permitted. Under the ...

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Illinois Background Checks Resources

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Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
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