by Elsa Andrianifahanana, David Birnbaum, Michael Gray, Brent Knight, Jonathan Linas, Elizabeth McRee, Jennifer Plagman, E. Michael Rossman, Efrat Schulman, Samantha Woo, Ann-Marie Woods - Jones Day - JD Supra

In Short

The Situation: Recent amendments to the Illinois Human Rights Act ("IHRA") restrict Illinois employers from relying upon conviction records to make adverse employment decisions unless they comply with new substantive and procedural safeguards.

The Result: Illinois employers cannot rely upon conviction records to make adverse employment decisions unless, after providing notice, an opportunity to respond, and considering any mitigating factors, the employer concludes there is a "substantial relationship" between the conviction and the job at issue and/or the individual's employment presents an "unreasonable risk" to property, safety, or individual welfare.