Your employment applications may be out of compliance. Read more on what to review.
Recently I was asked about what job application forms can and should include and what should be avoided. Illinois employment law can be a beast to navigate so I dug in a little to share with you. General best practice is to be intentional about what information you are collecting in your job applications and err on collecting less information.
Age Discrimination in Employment Act (ADEA)
This law prohibits discrimination against workers 40 years and older. Typically this involves dismissals but your job applications may need to be reviewed for questions around birth dates and graduation dates.
Citizenship
Asking questions about citizenship or county of birth are prohibited. Employers can ask if an applicant is legally eligible to work in the United States and inform the applicant that proof of eligibility to work in the United States must be provided if selected for hire.
Job Opportunities for Qualified Applicants Act (Ban the Box)
Somewhat unique in Illinois is an effort to “ban the box”. The Illinois Human Rights Act attempts to prevent prior convictions from influencing employment decisions. Consistent with laws in other states like New York City, Philadelphia and recently unincorporated areas of Los Angeles, employers need to be aware of this effort, especially if you are a multi-state employer. In Illinois an employer or employment agency may not inquire about, consider, or require disclosure of the criminal record until the applicant has been determined qualified for the position and notified of selection for an interview by the employer or employment agency or after a conditional offer of employment is made. According to the Fair Labor Standards there are some exceptions for certain positions requirements. To ensure compliance you may want to modify background check policies and practices to comply with the requirements. These changes date back to March of 2021 so if it’s been a minute since you reviewed your applications, probably a good idea to add it to the project list.
Military Service
Employers can ask about the dates of military service, duties performed, rank during service at the time of discharge, pay during service and at the time of discharge, training received, and work experience. Avoid asking questions around reason for discharge as it can result in receiving medical disability information which could be a violation of the Americans With Disabilities Act (ADA).
Pay Transparency
A new Illinois law, signed on August 11, 2023, amended the Illinois Equal Pay Act (IEPA) and mandated pay transparency in job postings for most Illinois employers. Beginning January 1, 2025, even positions working outside of Illinois but reporting to a supervisor in-state will require the pay scale and benefits information be available in the posting. Read more here.
Illinois employment law is tricky and new laws and amendments are frequently introduced. Put your job applications on a regular review list and check back here often for Laura’s Latest.