Would you like to sign in?
|
|
Home - The Management Association
Member Resources
Labor/Employment Proposed Legislation on the Table in Springfield
by Kelly A. Hayden, JD, Assistant General Counsel
Published March 4, 2010
The General Assembly is busy in Springfield and many proposals that will affect employers if passed are on the table. One such proposal is House Bill 4855 which proposes to amend the Illinois Human Rights Act to include yet another new protected category.
HB 4855 would prevent discrimination in employment based on credit history and would make it a violation of the Illinois Human Rights Act for an employer to inquire about or to use a prospective employee’s or an employee’s credit history as the basis for any employment decision, including refusing to hire or promote an individual and subjecting an individual to discharge and/or discipline. There are certain exceptions contained within the proposed legislation for “bona fide occupational qualifications,” or positions where an employee may not be able to obtain employment absent a “bond” or “license” that requires successful completion of a credit check; certain positions at financial institutions; positions where a credit check is required by a state or local governmental agency; and/or positions where a credit check is required by state or federal law.
In addition, HB 5390 proposes to amend the Illinois Human Rights Act to make it illegal for employers to inquire about or use the fact of a felony conviction as the basis for employment actions if more than 10 years have elapsed since the person was convicted of the felony (if the person was sentenced to probation or conditional discharge rather than a term of imprisonment) or the person was released from incarceration for the felony (without regard to any period of parole or mandatory supervised release). This provision would not prohibit an employer required by law to conduct background checks from continuing to do so and using the information obtained to evaluate the character of the prospective employee. Further, all employers could continue to use independently obtained information that a person actually committed the act for which he/she was convicted for the purpose of making an employment decision.
We will continue to keep you apprised of the status of the above legislation. Members wishing to view copies of the proposed bills can visit the General Assembly’s website and type in the appropriate bill number in the box on the left.
