Illinois Hiring laws & HR compliance analysis

Illinois Hiring: What you need to know

The Illinois Human Rights Act prohibits employers with one or more employees from discriminating against applicants or employees based on race, color, religion, national origin, ancestry, age (40 years and over), sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, arrest record or criminal history record that has been ordered expunged or sealed, or citizenship status (775 ILCS 5/1-101 et seq.). The term “employee” is defined to include “any individual performing services for remuneration” within the state for an employer. It also includes unpaid interns.
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Credit history. The Employee Credit Privacy Act prohibits employers in Illinois from requesting or obtaining the credit history or credit report of an applicant or employee and from discriminating against an individual because of his or her credit history or credit report (820 ILCS 70/1). The Act applies to all public and private employers in the state but provides exceptions for insurance companies, law enforcement agencies, debt collectors, certain government agencies, and financial institutions such as banks and credit unions. Subject to certain exceptions, employers may inquire about an individual's credit history if a satisfactory credit history is a bona fide occupational qualification.
Social media. It is unlawful for any employer to ask any prospective employee to provide any username, password, or other related account information in order to gain access to a social networking website where that prospective employee maintains an account or profile (820 ILCS 55/1).
Workers’ compensation benefits. Employers are prohibited from asking ...

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