If you’ve applied for a job or are currently employed in Illinois and have a past conviction, you might wonder: Can an employer reject or fire me based on my criminal record?
Thanks to the Illinois Human Rights Act (IHRA), employers cannot make automatic hiring or firing decisions based on a conviction history. Instead, they must conduct an individualized, interactive assessment before taking adverse action against an applicant or employee.
If an employer fails to follow this process, they may be violating the law.
What Is an “Interactive Assessment” Under the IHRA?
The Illinois Human Rights Act (IHRA) requires employers to conduct an interactive assessment before making a hiring or firing decision based on a criminal record. This means employers cannot deny employment or terminate an employee without first considering the specific details of the conviction and the individual’s circumstances.
An employer must assess:
1. The Nature and Severity of the Conviction
- Was it a minor offense or a serious crime?
- Did it involve violence, theft, or financial misconduct?
2. The Time Passed Since the Conviction
- A conviction from 20 years ago carries less weight than a recent one.
3. How the Conviction Relates to the Job
- If a past financial fraud conviction is cited for rejecting a job applicant for a cash-handling position, the employer may have a valid concern.
- However, rejecting someone with an old DUI conviction for an office job with no driving responsibilities may not be justifiable.
4. Evidence of Rehabilitation
- Has the individual completed job training, maintained stable employment, or had no further legal issues?
- Have they shown personal or professional growth?
What Must Employers Do Before Rejecting an Applicant or Firing an Employee?
Before making a final decision based on a criminal record, Illinois employers are legally required to:
1. Conduct the Interactive Assessment
- Employers must evaluate whether the conviction is relevant to the job and consider the individual’s circumstances.
2. Provide a Written Notice of Their Decision
If an employer plans to reject a job applicant or fire an employee based on their conviction, they must issue a written notice explaining their reasoning.
3. Give the Individual a Chance to Respond
- The affected person must be given at least five business days to provide additional information, such as:
- Evidence of rehabilitation
- Job performance history
- A personal explanation of the circumstances surrounding their conviction
4. Issue a Final Written Decision
- If the employer still decides to reject or terminate the individual, they must send a final written notice confirming their decision.
What If an Employer Ignores the Interactive Assessment Requirement?
If an employer fails to conduct an individualized assessment before denying you a job or firing you due to your criminal record, they may be violating the IHRA’s anti-discrimination protections.
You have the right to:
- Request Written Documentation – If an employer made a decision without written notice, you can ask for an explanation.
- File a Complaint with the Illinois Department of Human Rights (IDHR) – You have 300 days to file a complaint if you believe your rights were violated.
- Seek Legal Assistance – An employment law attorney can help you challenge the employer’s decision and determine if you are entitled to legal remedies.
Protecting Your Rights Under the IHRA
Employers cannot use a criminal record to automatically reject you for a job or fire you without following the interactive assessment process. If you were denied a job or terminated without a fair evaluation of your circumstances, you may be able to take legal action.
At Justice Legal Counsel, we fight for employees who face unfair treatment due to their criminal history. If you believe an employer violated your rights, contact us today for a consultation.