103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2319 Introduced 2/10/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 820 ILCS 75/10820 ILCS 75/15 Amends the Job Opportunities for Qualified Applicants Act. Provides that a government employer may not inquire about or into, consider, or require disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview. Provides that an employer, employment agency, or government employer may not inquire about or into, consider, or require disclosure of the immigration, citizenship, or residency status of an applicant unless such an inquiry is required by law. Provides that if residency requirements are a requirement of employment by the employer, employment agency, or government employer, the address of the applicant is to be considered when determining residency and not the citizenship or immigration status of the applicant. Defines terms. LRB103 28929 SPS 55315 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2319 Introduced 2/10/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 820 ILCS 75/10820 ILCS 75/15 820 ILCS 75/10 820 ILCS 75/15 Amends the Job Opportunities for Qualified Applicants Act. Provides that a government employer may not inquire about or into, consider, or require disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview. Provides that an employer, employment agency, or government employer may not inquire about or into, consider, or require disclosure of the immigration, citizenship, or residency status of an applicant unless such an inquiry is required by law. Provides that if residency requirements are a requirement of employment by the employer, employment agency, or government employer, the address of the applicant is to be considered when determining residency and not the citizenship or immigration status of the applicant. Defines terms. LRB103 28929 SPS 55315 b LRB103 28929 SPS 55315 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2319 Introduced 2/10/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
820 ILCS 75/10820 ILCS 75/15 820 ILCS 75/10 820 ILCS 75/15
820 ILCS 75/10
820 ILCS 75/15
Amends the Job Opportunities for Qualified Applicants Act. Provides that a government employer may not inquire about or into, consider, or require disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview. Provides that an employer, employment agency, or government employer may not inquire about or into, consider, or require disclosure of the immigration, citizenship, or residency status of an applicant unless such an inquiry is required by law. Provides that if residency requirements are a requirement of employment by the employer, employment agency, or government employer, the address of the applicant is to be considered when determining residency and not the citizenship or immigration status of the applicant. Defines terms.
LRB103 28929 SPS 55315 b LRB103 28929 SPS 55315 b
LRB103 28929 SPS 55315 b
A BILL FOR
SB2319LRB103 28929 SPS 55315 b SB2319 LRB103 28929 SPS 55315 b
SB2319 LRB103 28929 SPS 55315 b
1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Job Opportunities for Qualified Applicants
5 Act is amended by changing Sections 10 and 15 as follows:
6 (820 ILCS 75/10)
7 Sec. 10. Definitions. As used in this Act:
8 "Applicant" means any person pursuing employment with an
9 employer or with or through an employment agency.
10 "Employer" means any person or private entity that has 15
11 or more employees in the current or preceding calendar year,
12 and any agent of such an entity or person.
13 "Employment agency" means any person or entity regularly
14 undertaking with or without compensation to procure employees
15 for an employer or to procure for employees opportunities to
16 work for an employer and includes an agent of such a person.
17 "Employment" means any occupation or vocation.
18 "Government employer" means any State or local government
19 agency, department, or entity.
20 (Source: P.A. 98-774, eff. 1-1-15.)
21 (820 ILCS 75/15)
22 Sec. 15. Employer pre-screening.
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2319 Introduced 2/10/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
820 ILCS 75/10820 ILCS 75/15 820 ILCS 75/10 820 ILCS 75/15
820 ILCS 75/10
820 ILCS 75/15
Amends the Job Opportunities for Qualified Applicants Act. Provides that a government employer may not inquire about or into, consider, or require disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview. Provides that an employer, employment agency, or government employer may not inquire about or into, consider, or require disclosure of the immigration, citizenship, or residency status of an applicant unless such an inquiry is required by law. Provides that if residency requirements are a requirement of employment by the employer, employment agency, or government employer, the address of the applicant is to be considered when determining residency and not the citizenship or immigration status of the applicant. Defines terms.
LRB103 28929 SPS 55315 b LRB103 28929 SPS 55315 b
LRB103 28929 SPS 55315 b
A BILL FOR
820 ILCS 75/10
820 ILCS 75/15
LRB103 28929 SPS 55315 b
SB2319 LRB103 28929 SPS 55315 b
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SB2319 - 2 - LRB103 28929 SPS 55315 b
1 (a) An employer, or employment agency, or government
2 employer may not inquire about or into, consider, or require
3 disclosure of the criminal record or criminal history of an
4 applicant until the applicant has been determined qualified
5 for the position and notified that the applicant has been
6 selected for an interview by the employer, or employment
7 agency, or government employer or, if there is not an
8 interview, until after a conditional offer of employment is
9 made to the applicant by the employer, or employment agency,
10 or government employer.
11 (b) The requirements set forth in subsection (a) of this
12 Section do not apply for positions where:
13 (1) employers are required to exclude applicants with
14 certain criminal convictions from employment due to
15 federal or State law;
16 (2) a standard fidelity bond or an equivalent bond is
17 required and an applicant's conviction of one or more
18 specified criminal offenses would disqualify the applicant
19 from obtaining such a bond, in which case an employer may
20 include a question or otherwise inquire whether the
21 applicant has ever been convicted of any of those
22 offenses; or
23 (3) employers employ individuals licensed under the
24 Emergency Medical Services (EMS) Systems Act.
25 (b-5) An employer, employment agency, or government
26 employer may not inquire about or into, consider, or require
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SB2319 - 3 - LRB103 28929 SPS 55315 b
1 disclosure of the immigration, citizenship, or residency
2 status of an applicant unless such an inquiry is required by
3 law. If residency requirements are a requirement of employment
4 by the employer, employment agency, or government employer,
5 the address of the applicant is to be considered when
6 determining residency and not the citizenship or immigration
7 status of the applicant.
8 (c) This Section does not prohibit an employer or
9 government employer from notifying applicants in writing of
10 the specific offenses that will disqualify an applicant from
11 employment in a particular position due to federal or State
12 law or the employer or government employer's policy.
13 (Source: P.A. 98-774, eff. 1-1-15.)
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