Illinois Enacts BIPA Amendment Limiting Violation Accrual

by Lindsey Tonsager, Libbie Canter, Priya Leeds - Covington

On August 2, 2024, Illinois’ governor signed into law S.B. 2979, a significant amendment to the Illinois Biometric Information Privacy Act (BIPA). The law states that an entity that, in more than one instance, obtains the same biometric identifier or biometric information from the same person using the same method of collection in violation of BIPA’s notice and consent requirement has committed a single violation. As a result, each aggrieved person is entitled to, at most, one recovery for a single collective violation.

Read more: https://www.insideprivacy.com/data-privacy/illinois-enacts-bipa-amendment-limiting-violation-accrual/

Double Reporting Leads to Denial of Summary Judgment in Illinois FCRA Case

by Joshua Howell, Meagan Mihalko, Stefanie Jackman, David N. Anthony - Consumer Financial Services Law Monitor

An Illinois federal district court recently denied a creditor-defendant’s motion for summary judgment in a Fair Credit Reporting Act (FCRA) case brought by a consumer who questioned why his debt was being reported twice — as both a tradeline with the original creditor and as a tradeline with a third-party collection agency. The court’s opinion in Kyle Fickel vs. Clearwater Credit Union et al. is a warning about the credit reporting issues that can arise when lenders refer or assign debts to collections.

Read more: https://www.consumerfinancialserviceslawmonitor.com/2023/03/double-reporting-leads-to-denial-of-summary-judgment-in-illinois-fcra-case/

Illinois Restricts Employers From Using Conviction Records in Making Employment Decisions

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.

Read more: https://www.jdsupra.com/legalnews/illinois-restricts-employers-from-using-3163187/

Illinois Set To Enact New Law Limiting Criminal Convictions In Employment Decisions

by Jeffrey Risch and Allison Sues - JD Supra

Illinois has long limited employers from considering the criminal history of an applicant or employee in making employment decisions. The Illinois Human Rights Act prohibits employers from considering an employee’s arrest history, for example. In recent years, Illinois’ “Ban the Box” law disallows employers from asking about criminal convictions prior to a job offer or before a candidate is selected for an interview and, therefore, assumed to be otherwise qualified for the position in question. Now, Illinois is poised to go a step further in banning the use of criminal history in employment decisions.

Read more: https://www.jdsupra.com/legalnews/illinois-set-to-enact-new-law-limiting-8832497/

Illinois, New York City, And Philadelphia Revise Background Screening Laws

by Alonzo Martinez - Forbes

Lawmakers in three jurisdictions recently passed legislation that impacts employers’ screening programs. Laws restricting consideration of an individual's criminal history have advanced in Illinois, New York City, and Philadelphia; additionally, Philadelphia's law concerning the use of credit history in employment decisions was recently amended.

Read more: https://www.forbes.com/sites/alonzomartinez/2021/02/05/illinois-new-york-city-and-philadelphia-revise-background-screening-laws/?sh=68f9e44c41cc

Illinois Poised To Bar Criminal Conviction Discrimination

by Alexander Reich, Jason Tremblay, Saul Ewing Arnstein & Lehr LLP - JD Supra

In 2015, Illinois became one of the first states to enact a “ban the box” law, preventing employers from inquiring about criminal histories on employment applications. The “ban the box” law followed a general prohibition in Illinois under the Illinois Human Rights Act (IHRA) on basing any employment decisions on an applicant’s or employee’s arrest history. Now, Illinois is set to go one step further and ban the use of criminal convictions in employment actions, with limited exceptions.

Read more: https://www.jdsupra.com/legalnews/illinois-poised-to-bar-criminal-1774361/