Finding steady, well-paying work is often cited as the biggest obstacle returning citizens face. Many people believe their record automatically disqualifies them from every job. In Illinois, state law provides stronger protections than federal law.

What is "Ban the Box"?

In 2015, Illinois enacted the Job Opportunities for Qualified Applicants Act (820 ILCS 75/), widely known as "Ban the Box." Under this law:

• Private employers with 15 or more employees cannot ask about your criminal history on the initial job application.
• They cannot run a background check or ask whether you have been convicted of a crime until after you have been deemed qualified and notified that you are selected for an interview (or given a conditional offer of employment).

The 2021 Fair Chance Hiring Amendment

In 2021, Illinois strengthened these protections through an amendment to the Illinois Human Rights Act (Public Act 101-0656). Now:

• Direct Relation Requirement:

An employer cannot deny you a job simply because you have a conviction record unless there is a substantial relationship between the criminal offense and the specific position.

• Unreasonable Risk Assessment:

The employer must show that hiring you creates an unreasonable risk to the safety of people or property.

• Mandatory 6-Factor Assessment:

Before rejecting you, the employer must evaluate:

• How long ago the conviction occurred.
• The severity and nature of the conviction.
• Your age at the time of the offense.
• Evidence of rehabilitation and good conduct since the conviction.
• Employment history and letters of recommendation.

Preliminary Notice and Your Right to Respond

If an employer plans to reject you based on a background check:

• They must give you written notice identifying the disqualifying conviction.
• They must give you at least 5 business days to submit evidence of rehabilitation, correct any factual mistakes in the report, or explain mitigating circumstances.
• If they still reject you, they must provide a final written notice explaining their decision.

If an employer violates these laws, you have the right to file a charge with the Illinois Department of Human Rights (IDHR). Legal aid organizations such as Cabrini Green Legal Aid (CGLA) and Legal Aid Chicago provide free counsel to justice-impacted job seekers.