Bill Text: IL HB3005 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Employee Background Check Act. Provides that employers may not conduct criminal history inquiries with respect to a candidate for employment until after the employer has received an application from and interviewed the candidate. Provides an exemption to permit background checks when a candidate's criminal history is an essential factor in the hiring decision. Permits questions concerning convictions during interviews. Authorizes a private right of action to remedy violations.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2013-04-19 - Third Reading - Short Debate - Lost 024-080-003 [HB3005 Detail]

Download: Illinois-2013-HB3005-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3005 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
New Act
Creates the Employee Background Check Act. Provides that employers may not conduct criminal history inquiries with respect to a candidate for employment until after the employer has received an application from and interviewed the candidate. Provides an exemption to permit background checks when a candidate's criminal history is an essential factor in the hiring decision. Permits questions concerning convictions during interviews. Authorizes a private right of action to remedy violations.
LRB098 05349 JLS 41637 b
A BILL FOR
HB3005 LRB098 05349 JLS 41637 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Employee Background Check Act.
Section 5. Definitions. As use in this Act:
"Background check" means a pre-application criminal
history inquiry.
"Candidate" means any person considered by an employer when
identifying potential employees including, but not limited to,
persons who ask to be considered for employment or who request
information from an employer regarding potential employment.
"Employer" means any entity that employs one or more
persons.
"Employment" means any occupation or vocation.
Section 10. Background check permitted.
(a) An employer may conduct or have conducted on its behalf
a background check on a candidate for employment only after the
employer has received an application from and interviewed the
candidate for employment.
(b) The limitation on the utilization of background checks
set forth in subsection (a) of this Section does not apply to,

HB3005 - 2 - LRB098 05349 JLS 41637 b
nor limit, the conducting of background checks by or on behalf
of an employer if a candidate's criminal history is an
essential factor in any hiring decision for a position for
which criminal history of the applicant is of such sensitivity
that a background check is warranted.
(c) This Section does not prohibit an employer from asking
a candidate about criminal convictions during an interview.
Section 15. Remedy.
(a) A candidate may apply to the circuit court for issuance
of an injunction to enforce compliance with this Act.
(b) A candidate may recover actual damages, reasonable
attorney's fees, costs, and reasonable expenses of litigation
from an employer who violates this Act.