Illinois Becomes Fifth State to Ban the Box for Private Employers

Author: David B. Weisenfeld, XpertHR Legal Editor

July 28, 2014

Illinois will become the fifth state to prohibit most private employers from asking criminal history questions on initial job applications. Governor Pat Quinn signed the Job Opportunities for Qualified Applicants Act on July 19, which applies to private employers with 15 or more employees as well as employment agencies.

The new law says that an employer may not inquire about an applicant's criminal background until after the employer deems the applicant qualified for the position and selects the person for an interview. If no interview is conducted, an employer may not ask about a candidate's criminal history until after making a conditional job offer.

Illinois has prohibited state agencies from including criminal history questions on job application forms since October 2013 via a governor's directive. But effective January 1, 2015, Illinois will join the following states that have banned such questions for most private employers:

The Illinois Department of Labor will provide a written warning to a noncompliant employer or employment agency for a first violation. However, subsequent violations will result in monetary penalties ranging from $500 to $1,500 for every 30 days that pass without the employer remedying the situation.

The law will provide limited exemptions, including for emergency medical positions or if an employer is required to exclude applicants with certain criminal convictions from employment due to federal or state law.

New Jersey recently passed a similar measure that would also apply to employers with 15 or more employees. However, Governor Chris Christie has not yet signed that bill into law.