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Interviewing and Selecting Job Candidates: Illinois

Interviewing and Selecting Job Candidates requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick, Susan W. Kline and Ryann Ricchio, Faegre Baker Daniels LLP

Summary

  • Employers cannot base hiring decisions on characteristics protected by Illinois antidiscrimination laws. See The Application Process.
  • With some exceptions, employers are prohibited from inquiring about certain information, including an applicant's arrest record and credit history. See Impermissible and Restricted Inquiries.
  • Illinois has special requirements that restrict employers from asking about a job applicant's credit history except in certain defined circumstances. See Credit Reports.
  • Most private employers are restricted in asking about an applicant's arrest and conviction record. See Criminal History.
  • An employer violates Illinois human rights law if it requires job applicants to submit I-9 documentation beyond that required by federal law. See E-Verify.
  • Employers are required to retain hiring documentation, including job applications and job descriptions, for one year. See Record Retention.
  • Organizations should take steps to avoid negligent hiring and negligent retention lawsuits. See Negligent Hiring and Retention.
  • Localities including Chicago and Cook County have requirements pertaining to interviewing and selecting job candidates. See Local Requirements.