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| Public Act 098-0774 |
| HB5701 Enrolled | LRB098 18610 JLS 55483 b |
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AN ACT concerning employment. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
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: |
"Applicant" means any person pursuing employment with an |
employer or with or through an employment agency. |
"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. |
"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. |
"Employment" means any occupation or vocation. |
Section 15. Employer pre-screening. |
(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. |
(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. |
Section 20. Administration of Act and rulemaking |
authority. |
(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: |
(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; |
(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; |
(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; |
(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. |
(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. |
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. |
Section 99. Effective date. This Act takes effect January |
1, 2015.
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