SB2319 103RD GENERAL ASSEMBLY

LRB103 28929 SPS 55315 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2319

Introduced 2/10/2023, by Sen. Karina Villa

SYNOPSIS AS INTRODUCED:

820 ILCS 75/10
820 ILCS 75/15

Amends the Job Opportunities for Qualified Applicants Act. Provides that a government employer may not inquire about or into, consider, or require disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview. Provides that an employer, employment agency, or government employer may not inquire about or into, consider, or require disclosure of the immigration, citizenship, or residency status of an applicant unless such an inquiry is required by law. Provides that if residency requirements are a requirement of employment by the employer, employment agency, or government employer, the address of the applicant is to be considered when determining residency and not the citizenship or immigration status of the applicant. Defines terms.

A BILL FOR

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Job Opportunities for Qualified Applicants Act is amended by changing Sections 10 and 15 as follows:

(820 ILCS 75/10)

Sec. 10. Definitions. As used in this Act:

"Applicant" means any person pursuing employment with an employer or with or through an employment agency.

"Employer" means any person or private entity that has 15 or more employees in the current or preceding calendar year, and any agent of such an entity or person.

"Employment agency" means any person or entity regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.

"Employment" means any occupation or vocation.

"Government employer" means any State or local government agency, department, or entity.

(Source: P.A. 98-774, eff. 1-1-15.)

(820 ILCS 75/15)

Sec. 15. Employer pre-screening.

(a) An employer, or employment agency, or government employer may not inquire about or into, consider, or require disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview by the employer, or employment agency, or government employer or, if there is not an interview, until after a conditional offer of employment is made to the applicant by the employer, or employment agency, or government employer.

(b) The requirements set forth in subsection (a) of this Section do not apply for positions where:

(1) employers are required to exclude applicants with certain criminal convictions from employment due to federal or State law;

(2) a standard fidelity bond or an equivalent bond is required and an applicant's conviction of one or more specified criminal offenses would disqualify the applicant from obtaining such a bond, in which case an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses; or

(3) employers employ individuals licensed under the Emergency Medical Services (EMS) Systems Act.

(b-5) An employer, employment agency, or government employer may not inquire about or into, consider, or require disclosure of the immigration, citizenship, or residency status of an applicant unless such an inquiry is required by law. If residency requirements are a requirement of employment by the employer, employment agency, or government employer, the address of the applicant is to be considered when determining residency and not the citizenship or immigration status of the applicant.

(c) This Section does not prohibit an employer or government employer from notifying applicants in writing of the specific offenses that will disqualify an applicant from employment in a particular position due to federal or State law or the employer or government employer's policy.

(Source: P.A. 98-774, eff. 1-1-15.)