If you’ve been denied a job or fired because of your criminal record, you may be wondering: Does my employer have to explain their decision in writing?
In Illinois, the Illinois Human Rights Act (IHRA) provides strong protections against discrimination based on criminal history. Under this law, employers must follow a specific process – including giving written notice – before making an adverse decision based on a conviction record.
If an employer denies you a job or fires you without proper notice, they could be violating your rights.
When Is an Employer Required to Give You a Written Explanation?
Under the IHRA’s criminal history protections, an employer must provide a written notice before they:
- Reject you for a job because of your conviction record
- Fire you because of a past conviction
- Deny you a promotion based on criminal history
This written notice is required because Illinois law prohibits employers from automatically rejecting applicants or firing employees due to a criminal record. Instead, they must conduct an individualized assessment before making a final decision.
What Must the Written Notice Include?
If an employer decides that your criminal history disqualifies you from employment, they must give you a written explanation that includes:
1. The Reason for Their Decision
- The employer must explain why they believe your criminal record relates to the job or poses an unreasonable risk.
2. Your Right to Respond
- They must give you at least five business days to provide additional information, such as:
- Evidence of rehabilitation
- Letters of recommendation
- Your job performance history
- An explanation of the circumstances surrounding your conviction
3. The Final Decision Notice
- After reviewing your response, if the employer still decides not to hire you (or to fire you), they must send a final written notice confirming their decision.
What Happens If an Employer Doesn’t Give You Written Notice?
If an employer denies you a job or fires you without following the required process, you may have a legal claim under the IHRA. Employers who fail to provide proper written notice or conduct an individualized assessment could be violating state anti-discrimination laws.
What to Do If You Were Denied a Job or Fired Without Written Notice
If you believe an employer illegally used your criminal history against you, here’s what you should do:
- Ask for Written Documentation
- If you didn’t receive a written notice, request one from your employer.
- Gather Evidence
- Save any emails, job applications, or termination letters related to the decision.
- File a Complaint with the Illinois Department of Human Rights (IDHR)
- You have 300 days to file a discrimination complaint if an employer violated the IHRA.
- Consult an Employment Law Attorney
- A lawyer can help you determine whether your rights were violated and what legal action you can take.
Know Your Rights – Illinois Law Protects Workers with Criminal Records
Having a past conviction does not mean an employer can reject or fire you without following the law. If you were denied employment or terminated without receiving proper written notice, you may be able to take legal action.
At Justice Legal Counsel, we fight for employees who face discrimination based on their criminal records. If you believe your rights were violated, contact us today for a consultation.