It is now a violation of the Human Rights Act to discriminate against an individual based on his or her prior convictions unless there is a “substantial relationship” between the conviction(s) and the position sought; or granting the employment or continuing the employment would involve an “unreasonable risk” to property or the safety or welfare of specific individuals or the general public, according to recent legislation (SB1480).
And if you were wondering, a “substantial relationship” means the employer must consider whether the position creates the opportunity for the same or a similar offense to occur and whether the circumstances leading to the conviction will recur in the position.
SB1480 amended the Business Corporations Act of 1983 by requiring corporations that file an EEO-1 report with the EEOC to provide the same information to the Illinois Secretary of State, which will publish the information on the gender, race and ethnicity of the corporation’s employees on its website. Corporations must comply with this demographic information report with the corporation’s annual report filed on and after Jan. 1, 2023. The language of the Act seems to suggest that the corporation must report demographic information on all of its employees, wherever they are located, not just in Illinois.
SB1480 also requires private Illinois employers with more than 100 employees to obtain an “equal pay registration certificate” from the Department of Labor by March 23, 2024. Any corporation that does not obtain the certificate or who’s certificate is suspended must pay a civil penalty of 1% of gross profits.
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