Illinois Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Illinois and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does Illinois Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Under the Job Opportunities for Qualified Applicants, employers and employment agencies are not permitted to consider, ask about or look into, or require an applicant to disclose information about a criminal record or history until they have determined the individual’s qualifications. They must either be selected by an interview or (if no interview applies to the role) receive a conditional offer of employment prior to undergoing a criminal history screening or providing that information.

Certain restrictions do apply, including for employers who are required by federal or state law to exclude applicants with specific criminal convictions. Additionally, employers who hire individuals licensed under the Emergency Medical Services (EMS) Systems Act are exempt, as are those hiring for roles where a standard fidelity or equivalent bond is required and a criminal history disqualifies the individual from receiving one.

Do Illinois Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

In Illinois, the Equal Pay Act of 2003 prohibits any employer from paying unequal wages to men and women doing substantially similar (or the same) job. It also includes language that prohibits discrimination by race and other factors aside from gender.

Some exceptions are included in the legislation, such as when a wage difference is based on seniority, merit, production (quality or quantity), or another system that does not factor in the employee’s gender or race.

An amendment to the law requires employers with 15+ employees to provide pay transparency in job postings by including the pay scale and benefits.

Do Illinois Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Illinois follows the federal Age Discrimination in Employment Act (ADEA).

Do Illinois Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Illinois follows the federal Americans with Disabilities Act (ADA).

Do Illinois Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

The Illinois Genetic Information Privacy Law (GIPA) shares some similarities with the federal law, although it provides for higher statutory damages.

Do Illinois Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The Illinois Human Rights Act prohibits employers from discriminating based on protected classes.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Illinois?

Additional laws are in effect in Chicago and Cook County that protect against discrimination based on marital status, credit history, parental status, and sexual orientation.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.