Illinois Compiled Statutes - Full Text

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Illinois Compiled Statutes - Full Text

Illinois Compiled Statutes (ILCS)

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820 ILCS 70/10

    (820 ILCS 70/10)
    Sec. 10. Employment based on credit history or credit report not permitted.
    (a) Except as provided in this Section, an employer shall not do any of the following:
        (1) Fail or refuse to hire or recruit, discharge, or
    
otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment because of the individual's credit history or credit report.
        (2) Inquire about an applicant's or employee's credit
    
history.
        (3) Order or obtain an applicant's or employee's
    
credit report from a consumer reporting agency.
    (b) The prohibition in subsection (a) of this Section does not prevent an inquiry or employment action if a satisfactory credit history is an established bona fide occupational requirement of a particular position or a particular group of an employer's employees. A satisfactory credit history is not a bona fide occupational requirement unless at least one of the following circumstances is present:
        (1) State or federal law requires bonding or other
    
security covering an individual holding the position.
        (2) The duties of the position include custody of or
    
unsupervised access to cash or marketable assets valued at $2,500 or more.
        (3) The duties of the position include signatory
    
power over business assets of $100 or more per transaction.
        (4) The position is a managerial position which
    
involves setting the direction or control of the business.
        (5) The position involves access to personal or
    
confidential information, financial information, trade secrets, or State or national security information.
        (6) The position meets criteria in administrative
    
rules, if any, that the U.S. Department of Labor or the Illinois Department of Labor has promulgated to establish the circumstances in which a credit history is a bona fide occupational requirement.
        (7) The employee's or applicant's credit history is
    
otherwise required by or exempt under federal or State law.
(Source: P.A. 96-1426, eff. 1-1-11.)