This form is a Complaint. The complaint provides that the plaintiff was an employee of defendant and that the plaintiff seeks certain special and compensatory damages under the Family Leave Act, the Americans with Disability Act, and Title VII of the Civil Rights Act of 1964.
Employment Discrimination Rights With Criminal Records In Kings
Category:
State:
Multi-State
County:
Kings
Control #:
US-000267
Format:
Word;
Rich Text
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FAQ
In a Nutshell: A convicted felon does not enjoy a protected status against employer discrimination (i.e. like race, religion, sexual orientation, etc.). An employer may refuse to hire a convicted felon as long as there is a bona fide occupational basis for so discriminating.
You have the right to dispute information that's inaccurate, outdated, or not yours. Under the law, background check companies must conduct a reasonable investigation of the information.
If a criminal background check is conducted but doesn't relate to the nature of the job, the applicant might make a legal claim for discrimination or argue that the information obtained cannot be used when making hiring decisions.
Because the EEOC's policy relates only to Title VII claims, an employer's consideration of criminal histories does not fall within the EEOC's jurisdiction unless it impacts a member of one of the Title VII protected classes.
Illinois is one of a growing number of states that have passed a ban-the-box law. The law, called the Job Opportunities for Qualified Applicants Act, prohibits most employers from asking about criminal history until the later stages of the application process. The law applies to employers with 15 or more employees.
Provides that an individual denied or discharged from employment because of his or her criminal history in violation of the Act may recover from the employer in a civil action: (1) damages in the amount of $2,000 or actual damages, whichever is greater; (2) costs and reasonable attorney's fees as allowed by the court; ...
On March 23, 2021, Governor J.B. Pritzker signed HB 3056 into law, which is known as the Employee Background Fairness Act (EBFA). This law limits the ability of employers to disqualify applicants based on their convictions unless specific exceptions apply and the employer completes the required process.