Tag: Employer’s Use of Criminal Records

Chicago’s New Regulations on Employer’s Use of Criminal Records June 26, 2023 Chicago has published amendments to its Municipal Code. These amendments prohibit employers from considering conviction records in many employment decisions. Such decisions include hiring, promoting, disciplining, or discharging. However, the Code has exceptions for substantial relationships between criminal offenses and the position for hire. As such, an employer may refuse to hire, promote, or continue employing an individual in certain situations. Employers may consider conviction records if an employment decision would cause an unreasonable risk to property, welfare, the general public's safety, or specific individuals' safety. Furthermore, employers may refuse applicants if the law allows them to use conviction records. Employers may also reject an application for positions requiring a standard fidelity or equivalent bond. This exception requires the individual's conviction to make them ineligible to obtain the bond. Finally, employers may decide whether the individual's conviction is substantially related to the position. They may use this information in the hiring process if they determine this is true. In this case, a substantial relationship means "a consideration of whether the employment position offers the opportunity for the same or a similar offense to occur and whether the circumstances leading to the conduct for which the person was convicted will recur in the employment position." The Municipal Code's revisions are similar to the Illinois Human Rights Act (IHRA) provisions, with several differences. These provisions apply to all employers subject to one or more license requirements defined in Title Four of the Code, including those with business facilities in the city. A similar IHRA provision concerning alleged IHRA violations applies. It covers employers with at least one employee in Illinois for 20 or more calendar weeks in the same or preceding calendar year. Therefore, employers not covered by the IHRA provision should check if the Chicago Municipal Code provisions still apply. The Municipal Code also established procedures for employers who disqualified or took adverse action against an applicant or employee. Employers who take action based on any part of the individual's criminal record must inform the individual of the right to file a complaint. Anyone filing a complaint may do so with the Chicago Commission on Human Relations. Employers covered by a similar IHRA provision must also inform the individual of the right to file a complaint with the Illinois Department of Human Rights. The amended Municipal Code may necessitate changes in employment policies for covered employers. Therefore, employers should see if the new Code covers them. If it does, they should review and change their hiring and related workplace policies as needed. One of the best ways to ensure compliance with policies concerning background checks is to partner with an experienced background screening company. Discover the benefits of Pre-employ’s seamless background checks for your business. Contact a Sales representative today. Source

Tag: Employer’s Use of Criminal Records

Chicago’s New Regulations on Employer’s Use of Criminal Records

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