Full Text of HB5701 98th General Assembly
HB5701 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5701 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
| |
Creates the Best Candidate for the Job Act. Provides that an employer may not inquire into or require disclosure of a job applicant's criminal record or criminal history before the candidate has been notified that the candidate has been selected for a job interview or has been offered a conditional offer of employment. Requires consideration of the nature and gravity of a candidate's conviction record, the time elapsed since the conviction, and whether the conviction has a direct bearing on the candidate's fitness before excluding a candidate. Authorizes civil remedies. Provides that the Department of Labor may impose penalties for violations. Effective January 1, 2015.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB5701 | | LRB098 18610 JLS 55483 b |
|
| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Best | 5 | | Candidate for the Job 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 | | observe 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: | 14 | | "Business necessity" means an employer finds that | 15 | | excluding a candidate from employment is necessary to avoid a | 16 | | substantial risk to property or the safety or welfare of | 17 | | specific individuals or the general public.
| 18 | | "Candidate" means a person considered by an employer when | 19 | | identifying potential employees including, but not limited to, | 20 | | persons who ask to be considered for employment, request | 21 | | information from an employer regarding potential employment, | 22 | | or are pursuing employment with an employer in response to some |
| | | HB5701 | - 2 - | LRB098 18610 JLS 55483 b |
|
| 1 | | indication that an employer may have employment opportunities | 2 | | available.
| 3 | | "Employer" means an entity or person that employs one or | 4 | | more persons. | 5 | | "Employment" means an occupation or vocation. | 6 | | "Employment application" means a form used by an employer | 7 | | to help determine a candidate's suitability for employment that | 8 | | is completed before a conditional offer of employment or | 9 | | written notification of an intent to interview by the employer. | 10 | | Section 15. Employer pre-screening.
| 11 | | (a) An employer may not, on the face of an employment | 12 | | application or through any other means, inquire about or into, | 13 | | consider, or require disclosure of the criminal record or | 14 | | criminal history of a candidate for employment until the | 15 | | candidate has been notified that he or she has been selected | 16 | | for an interview by the employer or, if there is not an | 17 | | interview, a conditional offer of employment has been made to | 18 | | the candidate. | 19 | | (b) The requirements set forth in subsection (a) do not | 20 | | apply if an employer is required to exclude candidates with | 21 | | certain criminal convictions from employment due to federal or | 22 | | State law. | 23 | | (c) This Section does not prohibit an employer from | 24 | | notifying candidates that law or the employer's policy may | 25 | | disqualify an individual based upon criminal conviction |
| | | HB5701 | - 3 - | LRB098 18610 JLS 55483 b |
|
| 1 | | history if the exclusion is job-related. | 2 | | Section 20. Hiring candidates and employer protections.
| 3 | | (a) An employer may exclude a candidate from employment | 4 | | only if it is a business necessity after first considering the | 5 | | following: the nature and gravity of the candidate's conviction | 6 | | record; the amount of time that has passed since the relevant | 7 | | conviction or convictions or the completion of the sentence for | 8 | | the conviction in question; and whether the conviction or | 9 | | convictions have a direct bearing on the candidate's fitness to | 10 | | perform one or more essential duties of the employment in | 11 | | question. | 12 | | (b) An employer that demonstrates that it has hired a | 13 | | candidate pursuant to this Act is not civilly or criminally | 14 | | liable for an act or omission by the candidate except for a | 15 | | willful or wanton act by the employer in hiring the candidate. | 16 | | In any legal proceeding against an employer regarding the | 17 | | employment of a candidate, the employer shall have a rebuttable | 18 | | presumption that the employer performed its due diligence and | 19 | | acted in good faith in hiring the candidate. | 20 | | Section 25. Remedies.
| 21 | | (a) A candidate or class of candidates injured by a | 22 | | violation of this Act may bring a civil action in the circuit | 23 | | court to obtain injunctive relief, damages, or both. | 24 | | (b) The court shall award costs, reasonable litigation |
| | | HB5701 | - 4 - | LRB098 18610 JLS 55483 b |
|
| 1 | | expenses, and reasonable attorney's fees to a person who | 2 | | prevails as a plaintiff in an action authorized under | 3 | | subsection (a) of this Section.
| 4 | | Section 30. Violations; penalties. The Illinois Department | 5 | | of Labor shall investigate any alleged violation of this Act by | 6 | | an employer. If the Department finds that a violation has | 7 | | occurred, the Director may impose the following penalties:
| 8 | | (1) For the first violation, the Director shall issue a | 9 | | written warning to the employer that includes a notice | 10 | | setting forth the penalties for subsequent violations and | 11 | | stating that the employer has 30 days to remedy the | 12 | | violation.
| 13 | | (2) For second and subsequent violations, or if the | 14 | | first violation is not remedied within 30 days after notice | 15 | | by the Department, the Director may impose a civil penalty | 16 | | of up to $500 after notice to the employer and an | 17 | | opportunity for the employer to be heard in an | 18 | | administrative hearing. The Attorney General may bring an | 19 | | action in the circuit court to enforce the collection of | 20 | | any civil penalty imposed.
| 21 | | Section 99. Effective date. This Act takes effect January | 22 | | 1, 2015.
|
|