Illinois Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Illinois Pre-Employment Inquiries (Interviewing): What you need to know

The Illinois Human Rights Act prohibits employment practices that discriminate against applicants, employees, and independent contractors on contracts for public buildings or public works on the basis of race, color, religion, national origin, ancestry, age (40 years and over), sex, marital status, order of protection status, disability, military status, sexual orientation, unfavorable discharge from military service (except dishonorable discharge), pregnancy, or citizenship status (IL Comp. Stat. Ch. 775 Sec. 5/1-101et seq.). The Act covers all public employers and private employers with 15 or more employees. However, the Act applies to all employers, regardless of size, when the alleged violation is discrimination based on disability, pregnancy, or sexual harassment.
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Arrest records. The Human Rights Act specifically prohibits employers from asking on an application form or in a job interview about an applicant's arrest record (IL Comp. Stat. Ch. 775 Sec. 5/2-103).
Ban the box.Employers of 15 or more employees and employment agencies are prohibited from inquiring into or considering any criminal records or criminal history in the initial application process (IL Comp. Stat. Ch. 820 Sec. 75/1). With some limited exceptions, covered employers in Illinois must wait to inquire about criminal history until after the employer has determined that the applicant is qualified for the position and has either notified the applicant that he or she has been selected for an interview or, if there is no interview, has made a conditional offer of employment to the applicant. Employers are permitted to notify applicants that certain offenses will disqualify the applicant from employment in a particular position due to ...

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