In Illinois, employers are restricted in how they can use an applicant’s or employee’s criminal history when making hiring or firing decisions. If you have been denied a job or fired because of an arrest or conviction, you may have legal options under the Illinois Human Rights Act (IHRA) and the Illinois Job Opportunities for Qualified Applicants Act (commonly known as the “Ban the Box” law). Understanding your rights and the obligations of employers can help you take action if you have been unlawfully discriminated against.
When Can Employers Consider Criminal History?
Under Illinois law, employers cannot consider an arrest record when making hiring or employment decisions. However, they can consider conviction records, but only under strict conditions. A conviction can only be used against a job applicant or employee if:
- There is a substantial relationship between the conviction and the job, or
- The conviction poses an unreasonable risk to the safety of the workplace or the public.
If an employer intends to deny employment or take adverse action based on a conviction, they must conduct an individualized assessment, considering factors such as:
- The nature and severity of the offense
- The time that has passed since the conviction
- The nature of the job in question
- Evidence of rehabilitation
Obligations of Employers When Using Criminal Records
Illinois law requires employers to follow specific steps before denying a job or terminating an employee due to a conviction:
- Notice Requirement – The employer must notify the individual in writing if they intend to take adverse action based on a conviction. This notice must include:
- The specific conviction being used against them
- A copy of the background check or conviction record
- An explanation of the employee’s right to respond
- Opportunity to Respond – The individual must be given at least five business days to provide additional information, such as evidence of rehabilitation or mitigating circumstances.
- Final Decision Notice – If the employer still chooses to take action, they must provide a final written notice explaining their decision.
Failure to follow these steps may be a violation of the Illinois Human Rights Act, which prohibits employment discrimination based on conviction records.
Examples of Illegal Discrimination
- Example 1: An employer rejects an applicant with a 10-year-old theft conviction for a customer service job, even though the conviction has no substantial relationship to the role.
- Example 2: A restaurant fires a cook after discovering an old drug possession conviction, despite no workplace safety concerns.
- Example 3: An employer refuses to consider evidence of rehabilitation before rejecting an applicant with a non-violent conviction from 15 years ago.
What Can You Do If You Were Denied a Job or Fired?
If you believe an employer unlawfully discriminated against you based on your criminal record, you can file a complaint with the Illinois Department of Human Rights (IDHR). The process includes:
- Filing a Complaint – You must file a charge with the IDHR within 365 days of the discriminatory action.
- Investigation – The IDHR will investigate whether the employer violated the law. They may request documents, interview witnesses, and gather evidence.
- Finding of Substantial Evidence – If the IDHR finds substantial evidence of discrimination, you can proceed to the Illinois Human Rights Commission (IHRC) for a formal hearing or file a lawsuit in state court.
Damages and Remedies
If you win your case, you may be entitled to:
- Back Pay – Compensation for lost wages due to the discrimination.
- Reinstatement or Front Pay – If reinstatement is not feasible, you may receive compensation for future lost wages.
- Emotional Distress Damages – Compensation for the harm caused by the discrimination.
- Punitive Damages – In cases of intentional or reckless discrimination.
- Attorney’s Fees and Costs – If you prevail, the employer may be required to cover your legal expenses.
Why Legal Representation Matters
Navigating an employment discrimination claim can be complex, and having legal representation can increase your chances of success. At Justice Legal Counsel, we help employees challenge wrongful denials and terminations, fight for their rights, and seek the compensation they deserve.
If you were denied a job or fired because of your criminal record, contact us today to discuss your options.