The Situation: Recent amendments to the Illinois Human Rights Act ("IHRA") restrict Illinois employers from relying upon conviction records to make adverse employment decisions unless they comply.
Kym Koch Thompson/Wikimedia Commons (CC BY 2.0)
Last week, Rep. Don Young, a Republican from Alaska, stepped to the microphone on the floor of the U.S. House of Representatives. Young is the dean of the House – the longest-serving representative in the body. He spoke to praise a group of Texans who’d filed a bill to correct a law that Young himself had helped write.
“You know, it’s a strange thing: you hang around here long enough, you keep seeing the other end of your tail,” Young said. “When we introduced these bills, there was never any intention to exclude these two tribes. Never.”
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Illinois recently enacted SB 1480, which took effect immediately upon signing on March 23, 2021, and includes amendments to the Illinois Human Rights Act (“IHRA” or Act), making it a civil rights violation for an employer to consider “conviction records” in making an adverse employment decision (
e.g., refusing to hire, denying a promotion, etc.) unless:
(i) there is a “
substantial relationship” between one or more of the previous criminal offenses and the employment sought or held (
i.e., the job position offers the opportunity for the same or similar conduct as the criminal offense to occur); or
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