HB3005ham002 98TH GENERAL ASSEMBLY

Rep. Rita Mayfield

Filed: 3/19/2013

09800HB3005ham002 LRB098 05349 MLW 43618 a

AMENDMENT TO HOUSE BILL 3005

AMENDMENT NO. ______. Amend House Bill 3005 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 5. Definitions. As use in this Act:

"Background check" means a pre-interview criminal history inquiry.

"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.

"Employer" means any entity that employs one or more persons.

"Employment" means any occupation or vocation.

"Inquire" means to ask either orally or in writing.

Section 10. Background check permitted.

(a) An employer may conduct or have conducted on its behalf a background check on a candidate for employment only after the candidate has completed an application, been determined qualified for the position, and been interviewed for employment. An employer may not inquire about a candidate's background before the candidate has been interviewed.

(b) The limitation on the utilization of background checks set forth in subsection (a) of this Section does not apply to, nor limit, the conducting of background checks by or on behalf of an employer if a candidate's criminal history is an essential factor in any hiring decision for a position for which criminal history of the applicant is of such sensitivity that a background check is warranted. The limitation set forth in subsection (a) does not apply to healthcare, law enforcement, or financial institution employers.

(c) This Section does not prohibit an employer from asking a candidate about criminal convictions during an interview.

Section 15. Remedy.

(a) A candidate may apply to the circuit court for issuance of an injunction to enforce compliance with this Act.

(b) A candidate may recover actual damages, reasonable attorney's fees, costs, and reasonable expenses of litigation from an employer who violates this Act.

Section 20. Employer transparency. If an employer's publicly documented policy or a federal or State law disqualifies a person convicted of a specific offense from holding a position, an application for that position may ask if the applicant has been convicted of any of those disqualifying offenses. The employer shall provide a copy of the relevant citation or policy that requires the employer to disqualify the candidates because of a given offense.

Section 99. Effective date. This Act takes effect upon becoming law.".