Many employees with past criminal records worry about whether their employer can fire them if their conviction history comes to light. In Illinois, the Illinois Human Rights Act (IHRA) provides important protections that prevent employers from taking adverse action based solely on a criminal record – unless certain legal standards are met.
If you have a conviction history and are concerned about your job security, understanding your rights under the IHRA can help you take action if your employer discriminates against you.
Illinois Human Rights Act: Key Protections for Employees
Under the IHRA, employers cannot fire or take adverse action against an employee because of their criminal conviction history unless they meet specific legal requirements. The law applies to most Illinois employers with 15 or more employees and protects both job applicants and current employees.
Before an employer can legally fire you based on your criminal record, they must:
1. Conduct an Individualized Assessment
- Your employer cannot make automatic termination decisions based on a past conviction. Instead, they must consider:
- The nature and severity of your conviction
- How much time has passed since the conviction
- How the conviction relates to your current job duties
2. Determine Whether the Conviction Directly Relates to the Job
- The employer can only terminate you if they determine that your conviction has a substantial relationship to your job or poses an unreasonable risk to property, safety, or business operations.
3. Provide Written Notice Before Termination
Before making a final decision to fire you, the employer must provide written notice explaining:
- Why they believe your conviction is relevant to your job
- Their reasoning for considering termination
4. Give You an Opportunity to Respond
- You have at least five business days to submit a response with additional information, such as:
- Evidence of rehabilitation
- Job performance records
- Personal statements explaining the circumstances of your conviction
5. Issue a Final Written Decision
- If the employer still decides to fire you, they must issue a final written notice stating their decision and reasoning.
When Can You Take Legal Action?
If your employer fires you without following these legal steps, or if they discriminate against you based on your criminal record without justification, you may have a claim under the IHRA. You can file a complaint with the Illinois Department of Human Rights (IDHR) and seek legal remedies, including reinstatement or compensation for lost wages.
What to Do If You Were Fired for a Past Conviction
If you believe your employer unlawfully terminated you due to your criminal record, you should:
- Request Written Documentation: Ask for the employer’s written explanation for your termination.
- Gather Evidence: Keep records of your job performance, emails, and any communication regarding your termination.
- File a Complaint: You can submit a complaint to the Illinois Department of Human Rights (IDHR) within 300 days of the termination.
- Consult an Attorney: An employment law attorney can help you determine if your rights were violated and what legal steps to take next.
Know Your Rights – Don’t Let an Employer Discriminate Against You
Having a criminal record does not mean you lose your right to fair treatment at work. If your employer fired you due to a past conviction without following the law, you may be able to fight back.
At Justice Legal Counsel, we help employees protect their rights against discrimination. If you were wrongfully fired due to your criminal history, contact us today for a consultation to discuss your legal options.