Another Challenge for Employers

Another Challenge for Illinois Employers

Author: Leslie Lipin, LGL Business Solutions

Illinois is an “employment at will” state, meaning that an employer or employee may terminate the relationship at any time without any reason or cause. Yet, new laws keep popping up to protect the employee and to prevent employers from comfortably deciding who to hire or not to hire.

The “Employee Background Fairness Act” has just been added to the growing list of protection for employees only – which essentially makes it unlawful to use criminal convictions to deny employment. The heart and soul of the pre-employment check is the criminal history search. When an employer includes this in their hiring process, they are doing so primarily to confirm a person doesn’t have any criminal background. Obviously, this greatly impacts how to most effectively screen out applicants.

During the recruitment process, employers are only presented with what the individual wants them to know, so confirming an applicant’s background is critical to making an informed hiring decision.

Now Illinois employers are faced with the additional challenge of how to work within the law and still protect their business from potential bad hires. So what will that look like?

Criminal history remains public record and background check companies are permitted to report any data found within the last 7 years. Employers will need to carefully review and evaluate how best to use background data without violating the law, which does have exceptions based on type of conviction, age of applicant at time of the offense and most importantly how the criminal history could impact their business.

While background screening companies are not responsible for how employers use the information, we can be very helpful in navigating the more complicated process in a number of ways. For instance, a more comprehensive check with employment and education will provide other background to evaluate an applicant and confirm they have presented themselves truthfully. Discovering false information will continue to be the most secure method for taking adverse action on an applicant.

Another option is an integrity test to filter out job applicants who have a propensity for dishonesty, drug use, or other workplace fraud. Candidates who pass the pre-interview questionnaire have a much lower likelihood of having criminal activity in their background.

While the “Employee Background Fairness Act” does complicate the use of background checks, employers will continue to use them to protect their businesses. Working with a knowledgeable and dedicated HR firm to provide this service will now be more essential than ever!