Criminal Background Checks - New Requirements
As you continue your hiring processes for the coming school year, please pay close attention to the changes related to criminal background checks pursuant to PA 101-656, which was effective March 23, 2021. PA 101-656 amended the Illinois Human Rights Act to add “conviction record” as a protected class akin to race, ethnicity, gender, disability, age, sexual orientation, or – as previously provided in the act – arrest record.
Under the new law, unless otherwise authorized by law, it is a civil rights violation for any employer to use a conviction record as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment, subject to a few narrow exceptions. For school districts, of course, it is otherwise authorized (and required) by law to conduct a criminal history records check (105 ILCS 5/10-21.9) to determine if an applicant had been convicted of one of the offenses specified in 105 ILCS 5/21B-80 which would prohibit their employment.
The statute also requires the employer to provide notification and explanation to the individual of the disqualifying conviction(s), permit the individual to provide a response, and then provide written notification to the individual of the employer’s final decision. For those school district which are subscribers to the IASB’s PRESS policy service, there are updates in the most recent policies and procedures which reflect the changes required by PA 101-656.