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On March 23, 2021, Governor J. B. Pritzker signed into law S.B. 1480, which amends certain sections of the Illinois Human Rights Act (IHRA).

Among three amendments, one change adopted by this law makes it a civil rights violation for any employer to use a conviction record when making employment decisions such as hiring, promoting, discharging, and renewing employment unless specified exceptions apply. Employers may consider a conviction record if there is a substantial relationship between the criminal offense and the employment or the employment would involve an unreasonable risk to property or to the safety or welfare of a specific individual.

If employer's preliminary employment decision is based on a person's conviction record, the employer must notify the person in writing. This notification requires specific information to be disclosed: 1) the disqualifying conviction(s) and employer's reasoning for the disqualification, 2) copy of the conviction history report and 3) explanation of the individual's rights to respond to the notice.

The employee or job applicant gets at least 5 business days to respond before employer makes a final decision. If employer makes a final employment decision based on the conviction, the employer must notify the employee in writing with the following: 1) notice of the disqualifying conviction and employer's reasoning, 2) existing procedures to challenge the decision or request reconsideration with the employer and 3) the right to file a charge with the Illinois Department of Human Rights.

This change imposes a firmer requirement on the use of a conviction record when employers make employment related decisions.

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