Rep. Rita Mayfield

Filed: 3/19/2013

 

 


 

 


 
09800HB3005ham001LRB098 05349 JLS 43446 a

1
AMENDMENT TO HOUSE BILL 3005

2    AMENDMENT NO. ______. Amend House Bill 3005 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Employee Background Check Act.
 
6    Section 5. Definitions. As use in this Act:
7    "Background check" means a pre-interview criminal history
8inquiry.
9    "Candidate" means any person considered by an employer when
10identifying potential employees including, but not limited to,
11persons who ask to be considered for employment or who request
12information from an employer regarding potential employment.
13    "Employer" means any entity that employs one or more
14persons.
15    "Employment" means any occupation or vocation.
16    "Inquire" means to ask either orally or in writing.
 

 

 

09800HB3005ham001- 2 -LRB098 05349 JLS 43446 a

1    Section 10. Background check permitted.
2    (a) An employer may conduct or have conducted on its behalf
3a background check on a candidate for employment only after the
4candidate has completed an application, been determined
5qualified for the position, and been interviewed for
6employment. An employer may not inquire about a candidate's
7background before the candidate has been interviewed.
8    (b) The limitation on the utilization of background checks
9set forth in subsection (a) of this Section does not apply to,
10nor limit, the conducting of background checks by or on behalf
11of an employer if a candidate's criminal history is an
12essential factor in any hiring decision for a position for
13which criminal history of the applicant is of such sensitivity
14that a background check is warranted. The limitation set forth
15in subsection (a) does not apply to healthcare, law
16enforcement, or financial institution employers if those
17employers comply with Section 20 of this Act.
18    (c) This Section does not prohibit an employer from asking
19a candidate about criminal convictions during an interview.
 
20    Section 15. Remedy.
21    (a) A candidate may apply to the circuit court for issuance
22of an injunction to enforce compliance with this Act.
23    (b) A candidate may recover actual damages, reasonable
24attorney's fees, costs, and reasonable expenses of litigation

 

 

09800HB3005ham001- 3 -LRB098 05349 JLS 43446 a

1from an employer who violates this Act.
 
2    Section 20. Employer transparency. If an employer's
3publicly documented policy or a federal or State law
4disqualifies a person convicted of a specific offense from
5holding a position, an application for that position may ask if
6the applicant has been convicted of any of those disqualifying
7offenses. The employer shall provide a copy of the relevant
8citation or policy that requires the employer to disqualify the
9candidates because of a given offense.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".