Criminal Records and Employment Rights

This page is to answer frequently asked questions about whether employees can lose their jobs, or have an offer taken away, because of a prior criminal record.

Q. Can I lose my job offer because of my criminal record?

A. People with convictions are often turned down from jobs because of their background checks or prior conviction records. Under Illinois law, an automatic rejection or termination based on a job applicant or employee’s criminal history can violate the Illinois Human Rights Act.

Q: How can the Illinois Human Right Act (“IHRA”) protect you if you have a conviction on your record and you were denied employment or a promotion as a result?

A: The Illinois Human Rights Act protects you if, after March 23, 2021, you were denied employment or a promotion, or discharged from employment, because of a “conviction record” without notice or a complete “interactive assessment” as required by law.

Q: What is a “conviction record?”

A: A “conviction record” under the IHRA includes, but is not limited to, a felony, misdemeanor, probation, imprisonment, or parole. It may include guilty pleas or information that a person has been convicted of a felony, misdemeanor, or other criminal offense.

Q: What is an “interactive assessment?”

A: The “interactive assessment” includes a preliminary decision by an employer or an employment agency with consideration of several mitigating factors.

Q: What are mitigating factors the employer must consider?

A: Mitigating factors include:

(1) the length of time since the conviction;
(2) the number of convictions that appear on the conviction record;
(3) the nature and severity of the conviction and its relationship to the safety and security of others;
(4) the facts or circumstances surrounding the conviction;
(5) the age of the employee at the time of the conviction; and
(6) evidence of rehabilitation efforts.

Q: What else must an employer do?

A: The employer or employment agency must provide notice of the decision and reason for the denial. Then the employee has five business days to respond. They must provide the employee with a notice of the decision, a copy of the conviction, the report relied upon, and an explanation of rights. Then the employer may make a final decision.

Q: What should I do if I believe I have been discriminated against based upon my criminal record?

A: You may, on your own or with the assistance of an attorney, file a charge of discrimination with the Illinois Department of Human Rights. You should also consider seeing whether your criminal conviction can be expunged.

Q: What happens if I do not believe the employer complied with the conviction record law and I filed a charge with the IDHR?

A: It may be a basis for unlawful discrimination. The employer or employment agency may be liable for damages directly resulting from the violation, and attorney fees, and costs.

Q: What are mitigating factors the employer must consider?

A: Mitigating factors include:

(1) the length of time since the conviction;

(2) the number of convictions that appear on the conviction record;

(3) the nature and severity of the conviction and its relationship to the safety and security of others;

(4) the facts or circumstances surrounding the conviction;

(5) the age of the employee at the time of the conviction; and

(6) evidence of rehabilitation efforts.