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

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-Amended.html

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Rep. Rita Mayfield

Filed: 3/19/2013

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AMENDMENT TO HOUSE BILL 3005
AMENDMENT NO. ______. Amend House Bill 3005 by replacing
everything after the enacting clause with the following:
"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-interview 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.
"Inquire" means to ask either orally or in writing.

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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
candidate has completed an application, been determined
qualified for the position, and been interviewed for
employment. An employer may not inquire about a candidate's
background before the candidate has been interviewed.
(b) The limitation on the utilization of background checks
set forth in subsection (a) of this Section does not apply to,
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. The limitation set forth
in subsection (a) does not apply to healthcare, law
enforcement, or financial institution employers.
(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.

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Section 20. Employer transparency. If an employer's
publicly documented policy or a federal or State law
disqualifies a person convicted of a specific offense from
holding a position, an application for that position may ask if
the applicant has been convicted of any of those disqualifying
offenses. The employer shall provide a copy of the relevant
citation or policy that requires the employer to disqualify the
candidates because of a given offense.
Section 99. Effective date. This Act takes effect upon
becoming law.".