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

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

---

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

---

Rep. Rita Mayfield

Filed: 4/17/2013

09800HB3005ham004 LRB098 11769 JLS 44819 a
AMENDMENT TO HOUSE BILL 3005
AMENDMENT NO. ______. Amend House Bill 3005, AS AMENDED, 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 2. Findings. The General Assembly finds that it is
in the public interest to give Illinois employers access to the
broadest pool of qualified applicants possible, to create
pathways that facilitate observance of the civil rights of
those seeking employment, and to ensure that all qualified
applicants are properly considered for available employment
opportunities and are not pre-screened unnecessarily or
unjustly.
Section 5. Definitions. As used in this Act:

09800HB3005ham004 - 2 - LRB098 11769 JLS 44819 a
"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 or
are pursuing employment with an employer in response to some
indication that an employer may have employment opportunities
available.
"Employer" means any entity or person that employs one or
more persons.
"Employment" means any occupation or vocation.
Section 10. Employer pre-screening.
(a) An employer may not, on the face of an employment
application or through any other means, inquire about or into a
candidate's criminal history directly or indirectly until
after the employer determines the candidate to be qualified for
the employment opportunity and interviews the candidate.
Employers may orally ask a candidate about criminal convictions
during an interview.
(b) The limitations set forth in subsection (a) of this
Section do not apply to employers who are required to exclude
candidates from employment because of State or federal law or
Section 25 of the Health Care Worker Background Check Act.
Section 15. Rebuttable presumption. If an employer hires a
candidate pursuant to this Act that is determined to have a

09800HB3005ham004 - 3 - LRB098 11769 JLS 44819 a
criminal background, the employer shall have a rebuttable
presumption in any legal proceeding against the employer
regarding the employment of the candidate that the employer
performed its due diligence and acted in good faith in hiring
such candidate.
Section 20. Willful and knowing violations. A candidate may
bring a civil action in circuit court to recover actual damages
that result from an employer's willful and knowing violation of
this Act of not less than $100 and not more than $500.
Section 99. Effective date. This Act takes effect January
1, 2014.".