Review of New Illinois Laws: Civil Law
march 4, 2015
Criminal Records in Employment. As of January 1, 2015, an employer of at least 15 persons or an employment agency may not check an applicant for a criminal record before either holding an interview or making a pre-interview conditional job offer. There are exceptions for licensed emergency medical system employees positions requiring bonding, if a criminal record would prevent bonding; and positions which state or federal law excludes people with some kinds of criminal convictions (H.B. 5701, Mayfield-W. Davis-C. Mitchell-Ford et al.—Munoz-Martinez-Van Pelt-Collins-Raoul et al.) P.A. 98-774
Equal Pay Complaints may be referred by the Illinois Department of Labor to the Department of Human Rights if it appears to have jurisdiction of matters related to the complaints (H.B. 5563, K. Burke-Cassidy-Williams-Bellock et al.—Martinez et al.) P.A. 98-1051
Interns and Sexual Harassment. Unpaid interns become "employees" whose sexual harassment of, or by, other workers is prohibited (H.B. 4157, Berrios-Currie-Martwick-Tabares-Willis et al.—Martinez et al.) P.A. 98-1037
Pregnancy Accommodations. As of January 1, 2015, pregnancy and common conditions related to pregnancy or childbirth will join the conditions based on which employers may not discriminate regardless of how few persons they employ. Employers must also make reasonable accommodations based on pregnancy and related conditions for applicants and employees who request them (H.B. 8, Flowers-Currie-Mayfield-Gabel-Ford et al.—Hutchinson-Martinez-Lightford-Collins-Van Pelt et al.) P.A. 98-1050
Workers' Compensation—Employer Service Organizations. The exclusivity of the Workers' Compensation Act as a remedy for harm to a worker covered by the Act is narrowed. This law allows lawsuits against employer service organizations that provide safety advice, recommendations, and other similar services and are not wholly owned by the employer, its insurer, or its broker (S.B. 3287, Raoul-Bush et al.—Bradley-Martwick-Drury-Andrade et al.) P.A. 98-633
