If you have a criminal record, you may worry that it could cost you job opportunities. While many employers run background checks, Illinois law protects workers from unfair hiring discrimination based solely on criminal history.
Under the Illinois Human Rights Act (IHRA) and Chicago’s Ban the Box Ordinance, employers cannot automatically reject you just because of a past conviction. Instead, they must consider whether your record is relevant to the job and give you a fair chance.
This guide explains your rights, when employers can and cannot consider your criminal record, and what to do if you’ve been unfairly denied a job.
Are Employers Allowed to Consider Criminal Records in Hiring?
Yes, but only under certain conditions.
Illinois is an employment-at-will state, meaning employers can generally hire or fire employees for any reason. However, state and local laws limit how they use criminal records in hiring decisions.
Illinois Human Rights Act (IHRA) Protections
Under the Illinois Human Rights Act, employers cannot refuse to hire, fire, or take adverse action against you based solely on your criminal record unless they meet two strict requirements:
1. There is a “substantial relationship” between your conviction and the job
- The employer must show that your conviction directly relates to the duties of the position.
- Example: A bank may legally reject someone with a recent financial fraud conviction, but not for a minor theft charge from 15 years ago.
2. The employer believes hiring you would pose an “unreasonable risk”
- The employer must prove that hiring you would create a safety or security threat to the workplace, customers, or the public.
- Example: A school may deny an applicant convicted of child abuse for a teaching job, but they cannot automatically reject someone with a nonviolent drug offense.
Chicago’s Ban the Box Ordinance
If you are applying for a job in Chicago, you have additional protections under the Chicago Human Rights Ordinance, also known as Ban the Box.
Under this law:
- Employers cannot ask about your criminal history on job applications.
- Employers must wait until after a conditional job offer to run a background check.
- If the employer decides to rescind a job offer due to your criminal record, they must:
- Provide a written explanation of why they are revoking the offer.
- Give you at least five business days to respond before making a final decision.
These protections apply to private employers with at least one employee as well as city contractors and vendors.
Cook County’s Human Rights Ordinance
Cook County also has protections that mirror the Ban the Box law. Employers within unincorporated Cook County must follow similar hiring restrictions and cannot discriminate based solely on a criminal record unless they meet the substantial relationship or unreasonable risk test.
What Types of Criminal Records Can Employers Consider?
Employers cannot ask about or use the following criminal records in hiring decisions:
- Arrests that did not lead to a conviction
- Juvenile records
- Sealed or expunged convictions
- Old convictions unrelated to the job
Employers can consider:
- Convictions that are directly related to the job
- Pending criminal charges that could impact job performance
What If an Employer Denied You a Job Because of Your Criminal Record?
If an employer refused to hire you because of your criminal record and did not follow Illinois or Chicago’s laws, you may have a legal claim.
1. Request a Written Explanation
If the employer rejected your application after a background check, you have a right to request a written explanation of the decision. Employers must notify you in writing and give you at least five business days to respond before finalizing the decision.
2. Gather Evidence
If you suspect discrimination, collect:
- Job application materials (Did the employer ask about your record too early?)
- Emails or rejection letters
- Notes from interviews
- Your background check report (Check for errors)
3. File a Complaint
If an employer violated Illinois or Chicago hiring laws, you can file a complaint with:
- Illinois Department of Human Rights (IDHR) – You have 300 days from the discriminatory action to file a claim.
- Chicago Commission on Human Relations (CCHR) – If you were denied a job in Chicago, you can file a complaint within 180 days.
- Equal Employment Opportunity Commission (EEOC) – If you believe the employer’s decision was based on race, national origin, or other protected characteristics, you may also have a federal discrimination claim.
4. Consider Legal Action
If you were unfairly denied employment, you may be entitled to compensation for lost wages and emotional distress. An employment discrimination lawyer can help you file a lawsuit and fight for your rights.
How Justice Legal Counsel Can Help
At Justice Legal Counsel, we help job seekers fight back against illegal hiring discrimination. If an employer refused to hire you because of your criminal record, we can:
- Review your case to determine if your rights were violated.
- Help you file a complaint with the IDHR, CCHR, or EEOC.
- Represent you in negotiations to get your job back or seek compensation.
Employers should not be allowed to reject qualified applicants just because of their past. If you’ve been unfairly denied a job, contact us today for a confidential consultation.