Rep. Rita Mayfield
Filed: 4/17/2013
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1 | AMENDMENT TO HOUSE BILL 3005
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2 | AMENDMENT NO. ______. Amend House Bill 3005, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Employee Background Check Act. | ||||||
7 | Section 2. Findings. The General Assembly finds that it is | ||||||
8 | in the public interest to give Illinois employers access to the | ||||||
9 | broadest pool of qualified applicants possible, to create | ||||||
10 | pathways that facilitate observance of the civil rights of | ||||||
11 | those seeking employment, and to ensure that all qualified | ||||||
12 | applicants are properly considered for available employment | ||||||
13 | opportunities and are not pre-screened unnecessarily or | ||||||
14 | unjustly. | ||||||
15 | Section 5. Definitions. As used in this Act:
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1 | "Candidate" means any person considered by an employer when | ||||||
2 | identifying potential employees including, but not limited to, | ||||||
3 | persons who ask to be considered for employment or who request | ||||||
4 | information from an employer regarding potential employment or | ||||||
5 | are pursuing employment with an employer in response to some | ||||||
6 | indication that an employer may have employment opportunities | ||||||
7 | available.
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8 | "Employer" means any entity or person that employs one or | ||||||
9 | more persons.
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10 | "Employment" means any occupation or vocation.
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11 | Section 10. Employer pre-screening.
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12 | (a) An employer may not, on the face of an employment | ||||||
13 | application or through any other means, inquire about or into a | ||||||
14 | candidate's criminal history directly or indirectly until | ||||||
15 | after the employer determines the candidate to be qualified for | ||||||
16 | the employment opportunity and interviews the candidate.
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17 | Employers may orally ask a candidate about criminal convictions | ||||||
18 | during an interview. | ||||||
19 | (b) The limitations set forth in subsection (a) of this | ||||||
20 | Section do not apply to employers who are required to exclude | ||||||
21 | candidates from employment because of State or federal law or | ||||||
22 | Section 25 of the Health Care Worker Background Check Act.
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23 | Section 15. Rebuttable presumption. If an employer hires a | ||||||
24 | candidate pursuant to this Act that is determined to have a |
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1 | criminal background, the employer shall have a rebuttable | ||||||
2 | presumption in any legal proceeding against the employer | ||||||
3 | regarding the employment of the candidate that the employer | ||||||
4 | performed its due diligence and acted in good faith in hiring | ||||||
5 | such candidate.
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6 | Section 20. Willful and knowing violations. A candidate may | ||||||
7 | bring a civil action in circuit court to recover actual damages | ||||||
8 | that result from an employer's willful and knowing violation of | ||||||
9 | this Act of not less than $100 and not more than $500.
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10 | Section 99. Effective date. This Act takes effect January | ||||||
11 | 1, 2014.".
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