The Society For Human Resource Management and a recent article by SmithAmundsen LLC in the Illinois State Bar Association’s Illinois Lawyer NOW magazine, highlight for employers the newest and most restrictive and cumbersome law for use of an applicant’s or employee’s criminal conviction history. The modifications to The Illinois Human Rights Act made by this new law permit employers to consider an individual’s criminal conviction history only if there is a substantial relationship between the criminal history and the position sought or held, or if the employer can show that the individual’s employment raises an unreasonable risk to property or to the safety or welfare of specific individuals or the general public, or if otherwise permitted by law. Criminal background checks can still be done, but both reports caution that employers review the significant issues that should be addressed before using the information for employment decisions.
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