 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.”
The new rule only pertains to businesses with more than 15 employees on the
payroll.
State Sen. Dale Syverson, R – Rockford, disagrees with the intent of the
legislation, and says it will just create more work for employers and lead
potential employees on.
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“Many companies already have rules in place,”
Syverson said. “This isn’t going to cause them to change their
rules, but it will cause them to have to go through a lot more
interviews to hire or not hire the same people they were going to
anyway.”
Syverson argued that companies should have the
freedom to determine their hiring rules and procedures on their own.
“By allowing applicants to undergo the interview process without
being judged as unfit for employment because of their background, we
will help individuals get back to work, pursue a higher education
and become the responsible residents that our state thrives on,”
State Rep. Rita Mayfield, D-Waukegan, said in a statement. “I
believe this legislation will improve the lives of many residents
and give them the opportunities they were previously unable to
strive for.”
Waukegan sponsored the bill in the House, while State Sen. Antonio
Muñoz, D-Chicago, was the primary Senate sponsor.
“Everyone should have the opportunity to be considered for
employment,” Sen. Munoz said in a press release. “This legislation
protects people with criminal records from discrimination, gives
deserving people a second chance and allows them to be evaluated
based on their suitability for a position.”
Gov. Quinn’s office said in a statement that this move is part of a
broader agenda to “give people of all ages a second chance in life.”
The office cited recent legislation signed by the governor that
automatically clears arrest records for less serious, non-violent
juvenile cases, and legislation that increases the number of
felonies that are legally sealed and inaccessible without the court
meeting strict criteria.
The legislation does not apply to jobs where employers are legally
obligated to exclude applicants with criminal history, and therefore
exempts some construction jobs, emergency medical jobs and security
jobs.
The law takes effect January 1, 2015.
[This
article courtesy of
Watchdog.]
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