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Illinois employment attorneyOn March 23, 2021, Illinois Gov. J.B. Pritzker signed into law the Employee Background Fairness Act. The new law adds an amendment to the Illinois Human Rights Act (IHRA) regarding how an employer can address a potential employee’s criminal conviction record. Under the IHRA, a person’s arrest record can not be held against them in the hiring process or once they have been hired, however, the new law extends these protections to a person’s conviction record. The new law went into effect immediately upon the governor’s signing.

Any individual – whether going through the hiring process or already working for an employee – who feels that they are being discriminated against because of a prior conviction or convictions may file a complaint with the Illinois Department of Human Rights (IDHR).

The law does have two exceptions where an employer can consider an individual’s conviction record either during the hiring process or after that individual is already employed by the company:

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1051 Perimeter Drive, Suite 400
Schaumburg, IL 60173
Phone: (847) 995-1205

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