Illinois bias law now covers criminal convictions

Illinois employers now have yet another law to navigate. The state human rights statute now bans discrimination based on a candidate’s or employee’s criminal conviction unless the employer can show a “substantial relationship” exists between the conviction and the job or that the employment would involve an “unreasonable risk” to property or safety.

Conviction records now protected

On March 23, 2021, Governor J.B. Pritzker signed into law Senate Bill (SB) 1480, which makes important changes to the Illinois Human Rights Act (IHRA). The new provisions took effect immediately.

The amendment adds “conviction record” to the list of protected categories under the IHRA. A conviction record is defined to include information indicating a person has been convicted of a felony, misdemeanor, or other criminal offense, placed on probation, fined, imprisoned, or paroled under any law enforcement or military authority. Up until now, the Act prohibited discrimination on the basis of an arrest record but not actual criminal convictions.

The new provision states a criminal conviction may not be used as a basis to refuse to recruit, hire, promote, discipline, discharge, or otherwise affect the terms and conditions of employment unless the employer can show either: