Illinois Employment Screening Laws for 2025: A Guide to Criminal Background Checks

Illinois has strict laws to promote fair hiring, particularly through the Illinois Human Rights Act (IHRA) and the Job Opportunities for Qualified Applicants Act. Additionally, federal laws like the Fair Credit Reporting Act (FCRA) and Equal Employment Opportunity Commission (EEOC) guidelines play a significant role. Let’s dive into the details to help you stay compliant.

Understanding Illinois Employment Screening Laws in 2025

Hiring in Illinois comes with a complex set of rules, especially when it comes to background checks. For 2025, employers must navigate federal and state laws to ensure compliance while maintaining fair hiring practices. This guide breaks down the key regulations, focusing on how criminal history can be used to make hiring decisions.

Illinois Laws on Criminal Background Checks

The Illinois Human Rights Act, amended by Senate Bill 1480 in 2021, sets clear boundaries for using criminal records in hiring. Employers cannot automatically disqualify applicants based on a conviction record. Instead, they must show either a “substantial relationship” between the offense and the job or an “unreasonable risk” to workplace safety or property.

But what does “substantial relationship” mean? Essentially, it’s about whether the job provides an opportunity for the same or similar offense to occur. For example, a theft conviction might be relevant for a cashier role but less so for a desk job. Employers must also consider mitigating factors, such as:

• The time elapsed since the conviction
• The number of convictions
• The nature and severity of the offense
• The circumstances surrounding the conviction
• The applicant’s age at the time of the offense
• Evidence of rehabilitation efforts

These factors ensure decisions are individualized, reducing the risk of discrimination. Source

How Far Back Can Criminal Offenses Be Considered?

Under the FCRA, consumer reporting agencies (CRAs) can report criminal convictions indefinitely, unless the record is sealed or expunged. Unlike non-conviction information (like arrests), which is limited to a seven-year lookback period, convictions have no time restriction for employment screening purposes. This means employers can consider felony or misdemeanor convictions from any point in an applicant’s past, as long as they follow proper procedures.

Read what the Illinois Bar Association says about conducting employment background checks in Illinois.

However, Illinois’ “ban-the-box” law, the Job Opportunities for Qualified Applicants Act, delays when employers can inquire about criminal history. You can’t ask about convictions until after an interview or a conditional job offer is made, unless specific exemptions apply (e.g., roles requiring a fidelity bond or EMS licensing).

Under Illinois law, employers generally cannot consider criminal convictions older than seven years when making hiring decisions. This restriction applies to most positions, though exceptions exist for certain sensitive roles.

The 7-year period runs from the date of conviction, completion of sentence, or release from incarceration—whichever is latest. This rule represents one of the nation’s strictest lookback limitations.

Exceptions to the 7-Year Rule

• Positions requiring state fidelity bonding
• Jobs where federal law mandates longer lookback periods
• Law enforcement and security positions
• Roles involving unsupervised contact with vulnerable populations

FCRA Compliance: Steps for Employers

The FCRA imposes strict rules when using third-party CRAs for background checks. To stay compliant, employers must:

• Provide a clear, standalone written notice to the applicant about the background check.
• Obtain the applicant’s written consent before proceeding.
• Follow the adverse action process if denying employment based on the report. This includes sending a pre-adverse action notice with a copy of the report and a summary of FCRA rights, giving the applicant at least five business days to dispute inaccuracies.

Failure to follow these steps can lead to legal challenges, including class-action lawsuits. Always partner with a reputable CRA to ensure accurate and compliant reports.

EEOC Guidelines: Avoiding Discrimination

The EEOC enforces Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. Because certain groups, like African Americans and Latinos, face higher incarceration rates, blanket policies excluding applicants with criminal records can lead to disparate impact discrimination.

Therefore, the EEOC recommends assessing criminal history on a case-by-case basis. Employers should consider how the conviction relates to the job and whether the applicant poses a genuine risk. This aligns with Illinois’ IHRA requirements, ensuring fair treatment across all applicants.

Exceptions to Illinois Background Check Rules

Some industries are exempt from certain restrictions. For instance, healthcare workers who directly care for patients or roles involving contact with students may require mandatory criminal background checks. Additionally, federal or state laws may prohibit hiring individuals with specific convictions for certain roles, such as private security contractors. Always check industry-specific regulations to ensure compliance.