Chicago Bans the Box and More

January 16th, 2015

Employers subject to the ordinance, like those subject to the state law, may not inquire about, consider or require disclosure of an applicant’s criminal record or criminal history until after the applicant has been determined qualified for the position and notified that he or she will be interviewed, or after a conditional offer of employment is made if no interview is conducted. It has broader reach than the state law because it requires employers, regardless of size, to notify applicants if they were not selected for employment on the basis of their criminal history, whether entirely or partially.

The city ordinance has the same limited exceptions as the state law. They are:

  • When an employer is required to exclude applicants with certain criminal convictions from employment due to federal or state law;

  • When a fidelity bond or equivalent bond is required and an applicant’s conviction or one or more specified criminal offenses would disqualify the applicant from obtaining a bond. In this case, an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of these offenses; or

  • Employers that employ individuals licensed under the Emergency Medical Services (EMS) System Act.

The City of Chicago’s Commission on Human Relations has authority to assess fines for violations of the ordinance ranging from $ 100 to $1,000 for each offense, as well as, possible license discipline.

Go here to view the City of Chicago Ordinance File 0214-8347: https://chicago.legistar.com/LegislationDetail.aspx?ID=1939030&GUID=26A79C44-E36A-40E3-8649-C7D77EA362EB&Options=Advanced&Search=

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