Starting on January 1, 2015, Illinois employers and staffing agencies are no longer allowed to ask any question about an applicant’s criminal history until after an interview or conditional job offer has been made. The “Job Opportunities for Qualified Applicants Act” (otherwise known as “Ban the Box”) provides steep monetary penalties for any violations. If the job application your company currently uses asks whether an applicant has any criminal convictions, this language must be removed no later than January 1, 2015. Please contact Golan & Christie if you would like assistance in updating your company’s application forms.

There are certain exceptions to the Act including these situations: (a) the company is permitted by state law to exclude applicants with certain convictions, (b) if the position being applied for requires a standard fidelity bond, or (c) if the position requires licensing under the Emergency Medical Services Systems Act. If you believe that you are an exception to the Act, please contact Golan & Christie so that we can confirm this or clear up any misunderstandings, and help you avoid monetary penalties in the future.