The HR saga continues
Recently at a seminar we attended with Vedder Price Law Firm, we learned that some changes to employment applications might be on the horizon!
Currently, employers have the liberty to ask candidates if they have been “convicted of a felony” on a job application. But Illinois may put the cabash on this. In fact, it may actually become an “illegal” question.
According to House Bill 5701 or the Best Candidate for the Job Act, if the Bill passes, it will prohibit asking the question “Have you been convicted of a felony?” on an application.
However, employers may ask if the individual has been convicted of a felony only after an offer has been made to the candidate. Further, if your company’s best practices already includes having a policy and procedure to conduct background checks, and if the background check implicates the candidate has been convicted of a felony, according to the Bill, the employer is expected to discuss it with them.
On the other hand, if the conviction has potential to be detrimental to the business, for example, someone who has been convicted of fraud or stealing, applies at a bank; the employer may rescind the employment offer. If, however, the employer is unable to make that determination and rescinds the offer, the company can expect to acquire a lawsuit.
As I mentioned, the HR Saga continues…. Fun stuff! A few minutes and a few dollars can prevent a costly lawsuit. Valuable Resources, Co. will keep you informed and compliant. If this Bill passes, lets be sure to review your current HR practices and ensure compliance.