by Andrew Gray, Rod M. Fliegel - Littler

For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job Opportunities for Qualified Applicants Act (JOQAA), albeit with some important differences.

Illinois law on this subject has since been amended substantially, and on April 24, 2023, the City of Chicago followed suit by publishing an amended ban-the-box ordinance that takes immediate effect. Chicago’s new ordinance: (1) creates a new individualized assessment requirement; (2) requires a pre-adverse and final adverse action notice when employers are assessing criminal records; and (3) requires additional language in an adverse action notice.