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Illinois Enacts New Law Impacting Inquiries on Criminal Background Checks | Littler Mendelson P.C.

In Illinois, employers must comply with laws concerning criminal background checks, credit histories, credit checks, and driver's record information. Inquiries Restricted. This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements. Download Now. The Job Opportunities for Qualified Applicants Act prohibits employers with 15 or more employees from inquiring about a job applicant's criminal history until the applicant is notified that he or she has been selected for an interview IL Stat.

Furthermore, under Title VII, an employer must also consider whether examining the arrest or conviction records of applicants could lead to direct or indirect discrimination. Exempted from these requirements are employers in the financial and insurance industries and certain governmental employers.


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Recently, Illinois courts have demonstrated that they will construe these factors narrowly in order to discourage the use of pre-employment credit checks for positions that do not clearly fall within an exemption. In Ohle v. Under the FCRA, the employer must make certain disclosures to applicants prior to obtaining a consumer report. Specifically, the employer must make a clear and conspicuous disclosure in writing, in a separate document that consists only of the disclosure, that a consumer report may be obtained for employment purposes, and the applicant must authorize the procurement of the report in writing.

As with anything else in this day and age, everything needs to happen fast! Since background checks contain vital information about an applicant, employers are eager to receive the reports as soon as possible so they can continue with the hiring process or dismiss the candidate and move on with their recruitment process.


  1. New Illinois law limits criminal history checks on job applicants | Illinois State Bar Association.
  2. FAIR CREDIT REPORTING ACT (FCRA).
  3. Background check - Wikipedia!
  4. Employment Background Check Laws, Illinois | Info Cubic.
  5. So how long does a background check take in Illinois? It all depends on the scope of the Illinois background check.

    New Illinois law prohibits employers from asking about criminal background

    The fastest and most reliable way to get an Illinois background check is to hire a private investigator. Lawrence Ryan Investigation provides advanced background checks that provide all the information an employer needs before hiring a candidate.

    Illinois Employment Background Checks

    Moreover, our private investigators know the Illinois background check laws and limitations concerning background checks and make sure to comply with their provisions. They will only provide the type and amount of information the law allows employers to have access to. This way, our private investigators protect their clients and make sure they avoid financial penalties and class action litigation.