In a significant decision, the Illinois Human Rights Commission (IHRC) has ruled in favor of Lynda Miner, a former records clerk at the City of Braidwood Police Department, who alleged she was not rehired due to her conviction record. The Commission vacated the dismissal of her discrimination charge and remanded it for further proceedings, emphasizing the employer’s failure to comply with Illinois’ conviction record protections under the Illinois Human Rights Act (IHRA).
Background of the Case
Lynda Miner had worked as a records clerk for the Braidwood Police Department since 2015. Her role involved handling sensitive information, including records requests, payments, and law enforcement reports.
- August 2020: Miner was indicted on felony charges of theft and identity theft in Will County.
- September 2020: The Police Chief, Todd Lyons, laid her off due to the pending charges but allegedly told her she could return once the case was resolved.
- June 10, 2021: Miner pleaded guilty to a misdemeanor theft charge, resolving the case.
- June 11, 2021: Miner contacted Lyons to inform him that her case was completed and that she was ready to return to work.
Despite these efforts, Miner was never recalled to work. Instead, Chief Lyons and City Administrator Antonio Altiery decided not to reinstate her, citing concerns over her access to sensitive records.
Legal Claims and Procedural History
Miner filed a charge of discrimination with the Illinois Department of Human Rights (IDHR) on August 30, 2021, arguing that her criminal record was the reason she was not rehired – a violation of the IHRA – conviction record protections.
- March 1, 2023: IDHR dismissed the charge for lack of substantial evidence, arguing that Miner’s non-rehire was not based on her August 2020 arrest but rather her conviction.
- September 12, 2023: The Human Rights Commission vacated the dismissal, finding that IDHR should have analyzed the claim under Illinois’ conviction record protections, not arrest record protections.
- December 28, 2023: IDHR dismissed the charge again, stating that Miner had not explicitly identified a conviction record violation in her complaint.
Miner filed another request for review, leading to the latest January 2025 ruling from the Illinois Human Rights Commission.
Key Issues in the Commission’s Decision
The Commission found that IDHR wrongly classified Miner’s charge as an arrest record case rather than a conviction record case.
1. Failure to Apply Conviction Record Protections
Under Section 2-103.1 of the IHRA, employers cannot refuse to hire or rehire someone solely because of a criminal conviction unless:
- The conviction has a substantial relationship to the job, or
- The employer can show the conviction poses an unreasonable risk to public safety.
Employers are also required to:
- Conduct an interactive assessment before denying employment based on a conviction.
- Provide written notice explaining why the conviction is disqualifying.
- Give the employee five business days to respond with evidence of rehabilitation.
- Consider the employee’s response before making a final decision.
2. The Employer Never Conducted the Required Interactive Process
The City of Braidwood did not notify Miner in writing, nor did it allow her to respond with rehabilitation evidence. Instead, the decision not to rehire her was made without following legal procedures, violating the IHRA.
3. The Charge Was Wrongly Dismissed on Procedural Grounds
IDHR refused to reconsider the charge under conviction record protections, claiming that:
- Miner did not specifically identify a conviction record violation in her original complaint.
- The agency learned of her conviction too late (725 days after her layoff).
However, the Commission rejected these arguments, stating that:
- Miner’s complaint provided enough detail to be processed as a conviction record claim.
- IDHR had the power to amend the charge to reflect the correct violation.
Outcome: Case Remanded for Further Proceedings
The Commission vacated IDHR’s dismissal and remanded the case for a finding of substantial evidence of discrimination. IDHR is now required to investigate the claim properly under conviction record protections.
What This Means for Employees with Criminal Records
This case highlights important protections under the IHRA for individuals with past convictions. Employers cannot:
- Automatically deny employment due to a criminal conviction.
- Skip the interactive process required by law.
- Ignore rehabilitation evidence from applicants or employees.
If you were denied a job or fired because of your conviction record, you may have legal recourse.
Need Legal Help? Contact Justice Legal Counsel
At Justice Legal Counsel, we fight for employees facing criminal record discrimination. If you believe an employer violated your rights under the IHRA, contact us today for a consultation to explore your legal options.