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| Public Act 098-0774 | ||||
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Job | ||||
Opportunities for Qualified Applicants Act. | ||||
Section 5. Findings. The General Assembly finds that it is | ||||
in the public interest to do more to give Illinois employers | ||||
access to the broadest pool of qualified applicants possible, | ||||
protect the civil rights of those seeking employment, and | ||||
ensure that all qualified applicants are properly considered | ||||
for employment opportunities and are not pre-screened or denied | ||||
an employment opportunity unnecessarily or unjustly. | ||||
Section 10. Definitions. As used in this Act:
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"Applicant" means any person pursuing employment with an | ||||
employer or with or through an employment agency.
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"Employer" means any person or private entity that has 15 | ||||
or more employees in the current or preceding calendar year, | ||||
and any agent of such an entity or person.
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"Employment agency" means any person or entity regularly | ||||
undertaking with or without compensation to procure employees | ||||
for an employer or to procure for employees opportunities to | ||||
work for an employer and includes an agent of such a person.
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"Employment" means any occupation or vocation.
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Section 15. Employer pre-screening.
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(a) An employer or employment agency may not inquire about | ||
or into, consider, or require disclosure of the criminal record | ||
or criminal history of an applicant until the applicant has | ||
been determined qualified for the position and notified that | ||
the applicant has been selected for an interview by the | ||
employer or employment agency or, if there is not an interview, | ||
until after a conditional offer of employment is made to the | ||
applicant by the employer or employment agency.
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(b) The requirements set forth in subsection (a) of this | ||
Section do not apply for positions where: | ||
(1) employers are required to exclude applicants with | ||
certain criminal convictions from employment due to | ||
federal or State law; | ||
(2) a standard fidelity bond or an equivalent bond is | ||
required and an applicant's conviction of one or more | ||
specified criminal offenses would disqualify the applicant | ||
from obtaining such a bond, in which case an employer may | ||
include a question or otherwise inquire whether the | ||
applicant has ever been convicted of any of those offenses; | ||
or | ||
(3) employers employ individuals licensed under the | ||
Emergency Medical Services (EMS) Systems Act. | ||
(c) This Section does not prohibit an employer from | ||
notifying applicants in writing of the specific offenses that | ||
will disqualify an applicant from employment in a particular | ||
position due to federal or State law or the employer's policy.
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Section 20. Administration of Act and rulemaking | ||
authority.
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(a) The Illinois Department of Labor shall investigate any | ||
alleged violations of this Act by an employer or employment | ||
agency. If the Department finds that a violation has occurred, | ||
the Director of Labor may impose the following civil penalties:
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(1) For the first violation, the Director shall issue a | ||
written warning to the employer or employment agency that | ||
includes notice regarding penalties for subsequent | ||
violations and the employer shall have 30 days to remedy | ||
the violation;
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(2) For the second violation, or if the first violation | ||
is not remedied within 30 days of notice by the Department, | ||
the Director may impose a civil penalty of up to $500;
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(3) For the third violation, or if the first violation | ||
is not remedied within 60 days of notice by the Department, | ||
the Director may impose an additional civil penalty of up | ||
to $1,500;
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(4) For subsequent violations, or if the first | ||
violation is not remedied within 90 days of notice by the | ||
Department, the Director may impose an additional civil | ||
penalty of up to $1,500 for every 30 days that passes | ||
thereafter without compliance. | ||
(b) Penalties under this Section may be assessed by the | ||
Department and recovered in a civil action brought by the | ||
Department in any circuit court or in any administrative | ||
adjudicative proceeding under this Act. In any such civil | ||
action or administrative adjudicative proceeding under this | ||
Act, the Department shall be represented by the Attorney | ||
General.
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(c) All moneys recovered as civil penalties under this | ||
Section shall be deposited into the Job Opportunities for | ||
Qualified Applicants Enforcement Fund, a special fund which is | ||
created in the State treasury. Moneys in the Fund may be used | ||
only to enforce employer violations of this Act. | ||
(d) The Department may adopt rules necessary to administer | ||
this Act and may establish an administrative procedure to | ||
adjudicate claims and issue final and binding decisions subject | ||
to the Administrative Review Law.
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Section 90. The State Finance Act is amended by adding | ||
Section 5.855 as follows: | ||
(30 ILCS 105/5.855 new) | ||
Sec. 5.855. The Job Opportunities for Qualified Applicants | ||
Enforcement Fund.
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Section 99. Effective date. This Act takes effect January | ||
1, 2015.
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