Illinois Becomes Fifth State to Enact Ban the Box Law for Private Sector Employers

On July 19, 2014, 2014, Illinois Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will go into effect on January 1, 2015.  The new law will restrict the timing of pre-employment inquiries by Illinois employers about a job applicant’s criminal past.  An employer (or employment agency) covered by the new law “may not inquire about or into, consider or require disclosure” of the criminal record or criminal history of an applicant until after the applicant has been determined to be qualified for the position and notified that the applicant has been selected for an interview.  For those covered employers or employment agencies who do not conduct interviews, the inquiry into an applicant’s criminal background or history cannot take place until after a conditional offer of employment has been made to the applicant.