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Total Articles: 6

Illinois Appellate Court Reminds Employers of Restrictions on Credit Checks

Recently, an Illinois Appellate Court found that Neiman Marcus violated state law by running credit checks on potential sales associates. In Ohle v. The Neiman Marcus Group, Ohle claimed that her conditional offer of employment was rescinded after the store ran a credit check revealing judgments and collections against her. Ohle argued that by running a credit check on an entry level sales associate position, Neiman Marcus violated the Illinois Employee Credit Privacy Act (the “Act”), and the First District Appellate Court agreed.

Illinois Embraces "Ban The Box"

On July 19, 2014, Illinois joined a growing number of states prohibiting employers from asking about applicants’ criminal histories early in the hiring process.

Illinois “Bans the Box” with New Legislation

On Saturday, July 19, 2014, Governor Quinn signed the Job Opportunities for Qualified Applicants Act (the “Act”), which limits private sector employers with 15 or more employees from inquiring into the criminal history of job applicants. Specifically, covered employers are prohibited from inquiring into or requiring applicants to disclose their criminal history early in the pre-employment process. Instead, the Act now requires that applicants be notified of their selection for an interview, or given a conditional offer if there is no interview, before any such inquiry or disclosure. This is similar to Illinois’ prohibition against inquiring about an applicant’s criminal history on State employment applications.

Illinois’s New “Ban the Box” Law Prohibits Asking About Criminal Histories on Job Applications

On July 19, 2014, Illinois Governor Pat Quinn signed the Job Opportunities for Qualified Applicants Act, making Illinois the fifth state to bar private employers from asking job applicants about their criminal backgrounds until the applicants are deemed “qualified” for the positions. This law expands to private employers the “ban the box” rules that have applied to public sector jobs in Illinois since October, 2013.

New Credit History Law Goes Into Effect January 1

Effective January 1, 2011, Illinois employers who perform background checks or otherwise inquire about credit history as part of the recruitment process or in making other employment decisions must comply with the Illinois Employee Credit Privacy Act (IECPA), which generally prohibits inquiry into and consideration of an applicant or employee’s credit history to make decisions concerning employment, including with respect to recruiting, discharge, compensation and other terms and conditions of employment. The IECPA restricts use of a broad range of credit information without regard to the source of such information, and is not limited to credit information that is obtained from a consumer reporting agency.

New Illinois Law Limits Credit Checks By Employers.

Effective January 1, 2011, a new law signed today by Illinois Governor Pat Quinn will strictly limit employers' ability to obtain and use credit history information regarding employees and applicants. The Employee Credit Privacy Act applies to most Illinois employers, but excludes banks and financial institutions, insurance companies, state law enforcement units, state and local government agencies, and debt collection agencies.
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