Rep. Rita Mayfield
Filed: 3/24/2014
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1 | AMENDMENT TO HOUSE BILL 5701
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2 | AMENDMENT NO. ______. Amend House Bill 5701 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Job | ||||||
5 | Opportunities for Qualified Applicants Act. | ||||||
6 | Section 5. Findings. The General Assembly finds that it is | ||||||
7 | in the public interest to do more to give Illinois employers | ||||||
8 | access to the broadest pool of qualified applicants possible, | ||||||
9 | protect the civil rights of those seeking employment, and | ||||||
10 | ensure that all qualified applicants are properly considered | ||||||
11 | for employment opportunities and are not pre-screened or denied | ||||||
12 | an employment opportunity unnecessarily or unjustly. | ||||||
13 | Section 10. Definitions. As used in this Act:
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14 | "Applicant" means any person pursuing employment with an | ||||||
15 | employer or with or through an employment agency.
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1 | "Employer" means any person or private entity that has one | ||||||
2 | or more employees in the current or preceding calendar year, | ||||||
3 | and any agent of such an entity or person.
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4 | "Employment agency" means any person or entity regularly | ||||||
5 | undertaking with or without compensation to procure employees | ||||||
6 | for an employer or to procure for employees opportunities to | ||||||
7 | work for an employer and includes an agent of such a person.
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8 | "Employment" means any occupation or vocation.
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9 | Section 15. Employer pre-screening.
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10 | (a) An employer or employment agency may not inquire about | ||||||
11 | or into, consider, or require disclosure of the criminal record | ||||||
12 | or criminal history of an applicant until the applicant has | ||||||
13 | been determined qualified for the position and notified that | ||||||
14 | the applicant has been selected for an interview by the | ||||||
15 | employer or employment agency or, if there is not an interview, | ||||||
16 | until after a conditional offer of employment is made to the | ||||||
17 | applicant by the employer or employment agency.
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18 | (b) The requirements set forth in subsection (a) of this | ||||||
19 | Section do not apply for positions where employers are required | ||||||
20 | to exclude applicants with certain criminal convictions from | ||||||
21 | employment due to federal or State law.
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22 | Section 20. Employer violations.
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23 | (a) The Illinois Department of Labor shall investigate any | ||||||
24 | alleged violations of this Act by an employer or employment |
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1 | agency. If the Department finds that a violation has occurred, | ||||||
2 | the Director of Labor may impose the following civil penalties:
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3 | (1) For the first violation, the Director shall issue a | ||||||
4 | written warning to the employer or employment agency that | ||||||
5 | includes notice regarding penalties for subsequent | ||||||
6 | violations and the employer shall have 30 days to remedy | ||||||
7 | the violation;
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8 | (2) For the second violation, or if the first violation | ||||||
9 | is not remedied within 30 days of notice by the Department, | ||||||
10 | the Director may impose a civil penalty of up to $500;
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11 | (3) For the third violation, or if the first violation | ||||||
12 | is not remedied within 60 days of notice by the Department, | ||||||
13 | the Director may impose an additional civil penalty of up | ||||||
14 | to $1,500;
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15 | (4) For subsequent violations, or if the first | ||||||
16 | violation is not remedied within 90 days of notice by the | ||||||
17 | Department, the Director may impose an additional civil | ||||||
18 | penalty of up to $1,500 for every 30 days that passes | ||||||
19 | thereafter without compliance. | ||||||
20 | (b) Penalties under this Section may be assessed by the | ||||||
21 | Department and recovered in a civil action brought by the | ||||||
22 | Department in any circuit court or in any administrative | ||||||
23 | adjudicative proceeding under this Act. In any such civil | ||||||
24 | action or administrative adjudicative proceeding under this | ||||||
25 | Act, the Department shall be represented by the Attorney | ||||||
26 | General.
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1 | (c) All moneys recovered as civil penalties under this | ||||||
2 | Section shall be deposited into the Job Opportunities for | ||||||
3 | Qualified Applicants Enforcement Fund, a special fund which is | ||||||
4 | created in the State treasury. Moneys in the Fund may be used | ||||||
5 | only to enforce employer violations of this Act.
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6 | Section 90. The State Finance Act is amended by adding | ||||||
7 | Section 5.855 as follows: | ||||||
8 | (30 ILCS 105/5.855 new) | ||||||
9 | Sec. 5.855. The Job Opportunities for Qualified Applicants | ||||||
10 | Enforcement Fund.
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11 | Section 99. Effective date. This Act takes effect January | ||||||
12 | 1, 2015.".
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