Bill Amendment: IL HB2818 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: HUMAN RIGHTS-PRIOR CONVICTION
Status: 2023-03-27 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB2818 Detail]
Download: Illinois-2023-HB2818-House_Amendment_002.html
Bill Title: HUMAN RIGHTS-PRIOR CONVICTION
Status: 2023-03-27 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB2818 Detail]
Download: Illinois-2023-HB2818-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 2818
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2 | AMENDMENT NO. ______. Amend House Bill 2818 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Human Rights Act is amended by | ||||||
5 | changing Sections 3-102.10 and 3-106 and by adding Sections | ||||||
6 | 3-102.2 and 7-114 as follows:
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7 | (775 ILCS 5/3-102.2 new) | ||||||
8 | Sec. 3-102.2. Civil rights violations; conviction record. | ||||||
9 | (A) It is a civil rights violation for an owner or any | ||||||
10 | other person engaging in a real estate transaction, or for a | ||||||
11 | real estate broker or salesman, because of a conviction | ||||||
12 | record, except as provided by subsection (C), to: | ||||||
13 | (1) refuse to engage in a real estate transaction or | ||||||
14 | otherwise make unavailable or deny real property; | ||||||
15 | (2) alter the terms, conditions, or privilege of a | ||||||
16 | real estate transaction or in the furnishing of facilities |
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1 | or services in connection therewith; | ||||||
2 | (3) refuse to receive or to fail to transmit a bona | ||||||
3 | fide offer to engage in a real estate transaction from a | ||||||
4 | person; | ||||||
5 | (4) refuse to negotiate for a real estate transaction | ||||||
6 | with a person; | ||||||
7 | (5) represent to a person that real property is not | ||||||
8 | available for inspection, sale, rental, or lease when in | ||||||
9 | fact it is so available, or to fail to bring a property | ||||||
10 | listing to his or her attention, or to refuse to permit him | ||||||
11 | or her to inspect real property; | ||||||
12 | (6) make, print, circulate, post, mail, publish, or | ||||||
13 | cause to be made, printed, circulated, posted, mailed, or | ||||||
14 | published any notice, statement, advertisement, or sign, | ||||||
15 | or use a form of application for a real estate | ||||||
16 | transaction, or make a record or inquiry in connection | ||||||
17 | with a prospective real estate transaction, that indicates | ||||||
18 | any preference or limitation, or an intention to make any | ||||||
19 | such preference, limitation, or discrimination; or | ||||||
20 | (7) offer, solicit, accept, use, or retain a listing | ||||||
21 | of real property with knowledge that discrimination in a | ||||||
22 | real estate transaction is intended. | ||||||
23 | (B) It is a civil rights violation to inquire into a | ||||||
24 | person's conviction record prior to making a conditional offer | ||||||
25 | to sell, lease, or rent real property. For the purposes of this | ||||||
26 | subsection, "conditional offer" means an offer to sell, lease, |
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1 | or rent real property contingent on conducting a criminal | ||||||
2 | history check or criminal background check. | ||||||
3 | (C) Nothing in this Article shall be construed to require | ||||||
4 | an owner or any other person to conduct a criminal history | ||||||
5 | check or criminal background check when engaging in a real | ||||||
6 | estate transaction. An owner or any other person who elects | ||||||
7 | to, or is otherwise required to, consider a person's | ||||||
8 | conviction record in connection with a real estate transaction | ||||||
9 | shall consider the following factors before making a | ||||||
10 | preliminary decision that the conviction record is | ||||||
11 | disqualifying: | ||||||
12 | (1) the nature and severity of the conduct underlying | ||||||
13 | the conviction; | ||||||
14 | (2) the terms of the sentence; | ||||||
15 | (3) the number of convictions on the person's record; | ||||||
16 | (4) the age of the person at the time of the | ||||||
17 | conviction; | ||||||
18 | (5) the length of time since the conviction; and | ||||||
19 | (6) evidence of rehabilitation. | ||||||
20 | (D) If after considering the factors in subsection (C), | ||||||
21 | the owner or any other person engaging in a real estate | ||||||
22 | transaction makes a preliminary decision that the conviction | ||||||
23 | record is disqualifying, the owner or person engaging in a | ||||||
24 | real estate transaction shall provide written notification to | ||||||
25 | the disqualified person within 5 business days which shall | ||||||
26 | contain the following: |
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1 | (1) notice of the disqualifying conviction or | ||||||
2 | convictions that are the basis of the preliminary decision | ||||||
3 | and the reason or reasons for the disqualification; | ||||||
4 | (2) a copy of the conviction record or other | ||||||
5 | information relied upon to make the preliminary decision | ||||||
6 | to disqualify; and | ||||||
7 | (3) an explanation of the disqualified person's right | ||||||
8 | to respond to the decision of the owner or any other person | ||||||
9 | engaging in the real estate transaction before the | ||||||
10 | preliminary decision becomes final. The explanation shall | ||||||
11 | inform the disqualified person that the response may | ||||||
12 | include, but is not limited to, submission of evidence | ||||||
13 | challenging the accuracy of the conviction record that is | ||||||
14 | the basis for the disqualification, or evidence of | ||||||
15 | mitigation, such as rehabilitation. | ||||||
16 | (E) The disqualified person shall have at least 5 business | ||||||
17 | days to respond to the notification as provided under | ||||||
18 | subsection (D). | ||||||
19 | (F) The owner or person engaging in a real estate | ||||||
20 | transaction shall consider information submitted by the | ||||||
21 | disqualified person before making a final decision. If an | ||||||
22 | owner or any other person engaging in a real estate | ||||||
23 | transaction makes a final decision based on the disqualified | ||||||
24 | person's conviction record, the owner or any other person | ||||||
25 | engaging in the real estate transaction shall provide written | ||||||
26 | notification to the disqualified person within 5 business days |
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1 | which shall contain the following: | ||||||
2 | (1) notice of the disqualifying conviction or | ||||||
3 | convictions that are the basis of the final decision and | ||||||
4 | the reasons for the disqualification; | ||||||
5 | (2) any existing procedure the owner or any other | ||||||
6 | person engaging in the real estate transaction has for the | ||||||
7 | disqualified person to challenge the decision or request | ||||||
8 | reconsideration; and | ||||||
9 | (3) the right to file a charge with the Department.
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10 | (775 ILCS 5/3-102.10) | ||||||
11 | Sec. 3-102.10. Third-party loan modification service | ||||||
12 | provider. | ||||||
13 | (A) It is a civil rights violation for a third-party loan | ||||||
14 | modification service provider, because of unlawful | ||||||
15 | discrimination, familial status, or an arrest record, or a | ||||||
16 | conviction record, to: | ||||||
17 | (1) refuse to engage in loan modification services; | ||||||
18 | (2) alter the terms, conditions, or privileges of such
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19 | services; or | ||||||
20 | (3) discriminate in making such services available, | ||||||
21 | including, but not limited to, by making a statement, | ||||||
22 | advertisement, representation, inquiry, listing, offer, or | ||||||
23 | solicitation that indicates a preference or the intention | ||||||
24 | to make such a preference in making such services | ||||||
25 | available. |
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1 | (B) For purposes of this Section, "third-party loan | ||||||
2 | modification service provider" means a person or entity, | ||||||
3 | whether licensed or not, who, for or with the expectation of | ||||||
4 | receiving consideration, provides assistance or services to a | ||||||
5 | loan borrower to obtain a modification to a term of an existing | ||||||
6 | real estate loan or to obtain foreclosure relief. "Third-party | ||||||
7 | loan modification service provider" does not include lenders, | ||||||
8 | brokers or appraisers of mortgage loans, or the servicers, | ||||||
9 | subsidiaries, affiliates, or agents of the lender.
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10 | (Source: P.A. 102-362, eff. 1-1-22 .)
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11 | (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
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12 | Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 | ||||||
13 | or 3-102.2 shall
prohibit:
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14 | (A) Private Sales of Single Family Homes. | ||||||
15 | (1) Any sale of a single
family home by its owner so | ||||||
16 | long as the following criteria are met:
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17 | (a) The owner does not own or have a beneficial | ||||||
18 | interest in more
than three single family homes at the | ||||||
19 | time of the sale;
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20 | (b) The owner or a member of his or her family was | ||||||
21 | the last current
resident of the home;
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22 | (c) The home is sold without the use in any manner | ||||||
23 | of the sales or
rental facilities or services of any | ||||||
24 | real estate broker or salesman, or
of any employee or | ||||||
25 | agent of any real estate broker or salesman;
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1 | (d) The home is sold without the publication, | ||||||
2 | posting or mailing,
after notice, of any advertisement | ||||||
3 | or written notice in violation of
paragraph (F) of | ||||||
4 | Section 3-102.
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5 | (2) This exemption does not apply to paragraph (F) of | ||||||
6 | Section 3-102.
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7 | (B) Apartments. Rental of a housing accommodation in a | ||||||
8 | building
which contains housing accommodations for not more | ||||||
9 | than 4 families
living independently of each other, if the | ||||||
10 | owner resides in one of the housing accommodations.
This | ||||||
11 | exemption does not apply to paragraph (F) of Section 3-102.
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12 | (C) Private Rooms. Rental of a room or rooms in a private | ||||||
13 | home by
an owner if he or she or a member of his or her family | ||||||
14 | resides therein or,
while absent for a period of not more than | ||||||
15 | twelve months, if he or she or a
member of his or her family | ||||||
16 | intends to return to reside therein.
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17 | (D) Reasonable local, State, or Federal restrictions
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18 | regarding the maximum number of occupants permitted to occupy | ||||||
19 | a dwelling.
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20 | (E) Religious Organizations. A religious organization, | ||||||
21 | association,
or society, or any nonprofit institution or | ||||||
22 | organization operated,
supervised or controlled by or in | ||||||
23 | conjunction with a religious
organization, association, or | ||||||
24 | society, from limiting the sale, rental or
occupancy of a | ||||||
25 | dwelling which it owns or operates for other than a
commercial | ||||||
26 | purpose to persons of the same religion, or from giving
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1 | preference to such persons, unless membership in such religion | ||||||
2 | is
restricted on account of race, color, or national origin.
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3 | (F) Sex. Restricting the rental of rooms in a housing | ||||||
4 | accommodation to
persons of one sex.
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5 | (G) Persons Convicted of Drug-Related Offenses.
Conduct | ||||||
6 | against a person because such person has been convicted by
any | ||||||
7 | court of competent jurisdiction of the illegal manufacture or
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8 | distribution of a controlled substance as defined in Section | ||||||
9 | 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
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10 | (H) Persons engaged in the business of furnishing | ||||||
11 | appraisals of real
property from taking into consideration | ||||||
12 | factors other than those based on
unlawful discrimination or | ||||||
13 | familial status or source of income in furnishing appraisals.
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14 | (H-1) The owner of an owner-occupied residential building | ||||||
15 | with 4 or
fewer units (including the unit in which the owner | ||||||
16 | resides) from making
decisions regarding whether to rent to a | ||||||
17 | person based upon that person's
sexual orientation.
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18 | (I) Housing for Older Persons. No provision in this | ||||||
19 | Article regarding
familial status shall apply with respect to | ||||||
20 | housing for older persons.
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21 | (1) As used in this Section, "housing for older | ||||||
22 | persons" means housing:
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23 | (a) provided under any State or Federal program | ||||||
24 | that the Department
determines is specifically | ||||||
25 | designed and operated to assist elderly persons
(as | ||||||
26 | defined in the State or Federal program); or
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1 | (b) intended for, and solely occupied by, persons | ||||||
2 | 62 years of age or
older;
or
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3 | (c) intended and operated for occupancy by persons | ||||||
4 | 55 years of age or
older and:
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5 | (i) at least 80% of the occupied units are | ||||||
6 | occupied by at
least one person who is 55 years of | ||||||
7 | age or older;
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8 | (ii) the housing facility or community | ||||||
9 | publishes and adheres to
policies and procedures
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10 | that demonstrate the intent required under this
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11 | subdivision (c); and
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12 | (iii) the housing facility or community | ||||||
13 | complies with rules adopted by
the
Department for | ||||||
14 | verification of occupancy, which shall:
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15 | (aa) provide for verification by reliable | ||||||
16 | surveys and affidavits;
and
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17 | (bb) include examples of the types of | ||||||
18 | policies and procedures
relevant to
a | ||||||
19 | determination of compliance with the | ||||||
20 | requirement of clause (ii).
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21 | These surveys and affidavits shall be admissible in | ||||||
22 | administrative and
judicial proceedings for the purposes | ||||||
23 | of such verification.
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24 | (2) Housing shall not fail to meet the requirements | ||||||
25 | for housing for
older persons by reason of:
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26 | (a) persons residing in such housing as of the |
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1 | effective date of this
amendatory Act of 1989 who do | ||||||
2 | not meet the age requirements of subsections
(1)(b) or | ||||||
3 | (c); provided, that new occupants of such housing meet | ||||||
4 | the age
requirements of
subsections (1)(b) or (c) of | ||||||
5 | this subsection; or
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6 | (b) unoccupied units; provided, that such units | ||||||
7 | are reserved for
occupancy by persons who meet the age | ||||||
8 | requirements of subsections (1)(b)
or (c) of this | ||||||
9 | subsection.
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10 | (3)(a) A person shall not be held personally liable | ||||||
11 | for monetary damages
for a violation of this Article if | ||||||
12 | the person reasonably relied, in good
faith, on the | ||||||
13 | application of the exemption under this subsection (I) | ||||||
14 | relating
to housing for older persons.
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15 | (b) For the purposes of this item (3), a person may | ||||||
16 | show good faith
reliance on the application of the | ||||||
17 | exemption only by showing that:
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18 | (i) the person has no actual knowledge that the | ||||||
19 | facility or community
is
not, or will not be, eligible | ||||||
20 | for the exemption; and
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21 | (ii) the facility or community has stated | ||||||
22 | formally, in writing, that
the
facility or community | ||||||
23 | complies with the requirements for the exemption.
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24 | (J) Child Sex Offender Refusal to Rent. Refusal of a child | ||||||
25 | sex offender who owns and resides at residential real estate | ||||||
26 | to rent any residential unit within the same building in which |
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1 | he or she resides to a person who is the parent or guardian of | ||||||
2 | a child or children under 18 years of age. | ||||||
3 | (K) Arrest Records. Inquiry into or the use of an arrest | ||||||
4 | record if the inquiry or use is otherwise authorized by State | ||||||
5 | or federal law. | ||||||
6 | (K-5) Conviction Record. Inquiry into or the use of a | ||||||
7 | conviction record if the inquiry or use is otherwise | ||||||
8 | authorized by State or federal law. | ||||||
9 | (L) Financial Institutions. A financial institution as | ||||||
10 | defined in Article 4 from considering source of income in a | ||||||
11 | real estate transaction in compliance with State or federal | ||||||
12 | law. | ||||||
13 | (Source: P.A. 101-565, eff. 1-1-20; 102-896, eff. 1-1-23 .)
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14 | (775 ILCS 5/7-114 new) | ||||||
15 | Sec. 7-114. Protected class status for formerly convicted | ||||||
16 | persons. | ||||||
17 | (A) A formerly convicted person may petition the | ||||||
18 | Department for a grant of protected class status as provided | ||||||
19 | in this Section. The Department may grant protected class | ||||||
20 | status to a formerly convicted person who meets the following | ||||||
21 | conditions: | ||||||
22 | (1) the person has complied with each term and | ||||||
23 | condition of the person's parole, mandatory supervised | ||||||
24 | release, probation, or conditional discharge; | ||||||
25 | (2) if the person has not obtained a high school |
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1 | diploma or received a high school equivalency certificate | ||||||
2 | and has not been diagnosed as a person having an | ||||||
3 | intellectual or developmental disability that prevents the | ||||||
4 | person from successfully passing the high school | ||||||
5 | equivalency test, the person must have passed the high | ||||||
6 | school equivalency test and been issued a high school | ||||||
7 | equivalency certificate under Section 3-15.12 of the | ||||||
8 | School Code; | ||||||
9 | (3) the person must: | ||||||
10 | (a) be employed or actively seeking employment | ||||||
11 | unless the person has been diagnosed as a person | ||||||
12 | having an intellectual or developmental disability | ||||||
13 | that prevents the person from being employed; or | ||||||
14 | (b) be enrolled in or have successfully completed | ||||||
15 | a vocational training or college educational program | ||||||
16 | unless the person has been diagnosed as a person | ||||||
17 | having an intellectual or developmental disability | ||||||
18 | that prevents the person from successfully completing | ||||||
19 | a vocational or college educational program; | ||||||
20 | (4) the person must, for a minimum of 5 years after | ||||||
21 | completion of the person's parole, mandatory supervised | ||||||
22 | release, probation, or conditional discharge, not have | ||||||
23 | been convicted of a felony or misdemeanor under the laws | ||||||
24 | of this State or a municipal or county ordinance of a | ||||||
25 | county or municipality of this State, another state, | ||||||
26 | territory, or possession of the United States, federal |
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1 | law, or the laws of another country that guarantees due | ||||||
2 | process rights similar to those of the United States; and | ||||||
3 | (5) must have completed all sanctions imposed upon the | ||||||
4 | person through due process of law for the person's | ||||||
5 | conviction. | ||||||
6 | (B) The Department shall determine by rule: | ||||||
7 | (1) what constitutes having an intellectual or | ||||||
8 | developmental disability that prevents the formerly | ||||||
9 | convicted person from meeting the requirements of | ||||||
10 | paragraphs (2) and (3) of subsection (A); and | ||||||
11 | (2) who is qualified to diagnose such a person. | ||||||
12 | (C) The Department shall adopt rules, subject to the | ||||||
13 | Illinois Administrative Procedure Act, to carry out the | ||||||
14 | provisions of this Section. | ||||||
15 | (D) Protected class status previously granted to a | ||||||
16 | formerly convicted person under this Section shall be revoked | ||||||
17 | by the Department after notice and a hearing, if the formerly | ||||||
18 | convicted person is subsequently convicted of a felony or | ||||||
19 | misdemeanor, other than a minor traffic offense, under the | ||||||
20 | laws of this State, another state, territory, or possession of | ||||||
21 | the United States, federal law, or the laws of another country | ||||||
22 | that guarantees due process rights similar to those of the | ||||||
23 | United States. The revocation process shall be initiated by a | ||||||
24 | petition filed by a State's Attorney, the Attorney General, | ||||||
25 | other prosecutor, or the Department, that sets forth the date | ||||||
26 | of the subsequent offense, description of the offense, date of |
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1 | conviction for the subsequent offense, and sentence imposed | ||||||
2 | for the conviction. A copy of the petition and notice of the | ||||||
3 | hearing date on the petition shall be served on the formerly | ||||||
4 | convicted person. | ||||||
5 | (E) Nothing in this Section shall preclude a law | ||||||
6 | enforcement agency from continuing to conduct background | ||||||
7 | investigations on applicants and employees or disqualifying | ||||||
8 | applicants due to such investigations. ".
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