Will lead to qualified applicants not being interviewed that have gaps in employment history due to layoffs and/or downsizing.
Via Watchdog
Employers in Illinois can no longer access criminal background checks on potential hires until after an interview is conducted.
Gov. Quinn signed into law this week a bill that prohibits private employers from asking applicants about their criminal history prior to determining if they are qualified for the job.
“Everyone deserves a second chance when it comes to getting a job,” Governor Quinn said in a press release. “This law will help ensure that people across Illinois get a fair shot to reach their full potential through their skills and qualifications, rather than past history. It will also help reduce recidivism, fight poverty and prevent violence in our communities by putting more people back to work.”
The governor’s action is, according to his statement, an effort to “ensure all Illinois’ workers are treated fairly,” and follows last year’s executive order stipulating the same consideration for applicants for state employment.
The Job Opportunities for Qualified Applicants Act, also referred to as the “ban the box” bill in reference to the box on many application forms asking applicants if they are a convicted criminal, makes Illinois the fifth state to restrict pre-interview criminal background checks.
Jay Shattuck is the executive director of the Illinois Chamber of Commerce Employment Law Council, and says while the bill does create a bit of a burden for employers, it’s a reasonable attempt to give some applicants who would otherwise be ignored a chance.
“A lot of times an employer may consider an individual who was convicted of a crime many years ago but who are otherwise qualified and have a gone straight since,” Shattuck said. “This gives the applicants who do receive an interview a chance to explain what happened and make their case for being hired.”
Making it to the interview process may be the extra opportunity these former criminals need to get back on their feet, according to Shattuck, even if it means some extra work for employers.
“It does add a little bit of a burden to employers looking to fill a vacancy,” Shattuck said. “If they can’t automatically look at the box and throw out applications from ex-cons, they’ll have to do more work and take more time when choosing who to interview. They’ve lost the ability to weed out the applicant list by that one box.”

