HB2846ham005 98TH GENERAL ASSEMBLY

Rep. Esther Golar

Filed: 3/24/2014

09800HB2846ham005 LRB098 09845 JLS 57484 a

AMENDMENT TO HOUSE BILL 2846

AMENDMENT NO. ______. Amend House Bill 2846 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Best Candidate for the Job Act.

Section 5. Purpose. This Act is intended to ensure that private employers properly consider persons previously convicted of one or more criminal offenses for employment.

Section 10. Definitions. As used in this Act:

"Direct relationship" means that the nature of criminal conduct for which the person was convicted has a direct bearing on his or her fitness or ability to perform one or more of the duties or responsibilities necessarily related to the opportunity or job in question.

"Employment" means any occupation, vocation, or employment, or any form of vocational or educational training. "Employment" does not, for the purposes of this Act, however, include membership in any law enforcement agency.

"Private employer" means any person, company, corporation, labor organization, or association that employs one or more persons.

Section 15. Applicability. This Act applies to any person who applies for employment at any private employer or who is currently employed who has previously been convicted of one or more criminal offenses in any jurisdiction or whose conviction of one or more criminal offenses in any jurisdiction preceded such employment, except when a mandatory forfeiture, disability, or bar to employment is imposed by law and has not been removed by an executive pardon, certificate of relief from disabilities, or certificate of good conduct. Nothing in this Act shall be construed to affect any right an employer may have with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee.

Section 20. Discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any employment and no employment held by an individual, to which the provisions of this Act are applicable, shall be denied or acted upon adversely by reason of the individual's having been previously convicted of one or more criminal offenses or by reason of a finding of lack of good moral character when such finding is based upon the fact that the individual has previously been convicted of one or more criminal offenses, unless, after carefully considering the factors specified in Section 25, the employer determines that:

(1) there is a direct relationship between one or more of the previous criminal offenses and the specific employment sought or held by the individual; and

(2) the granting or continuation of the employment would involve a substantial risk to property or to the safety or welfare of specific individuals or the general public.

Section 25. Factors to be considered concerning a previous criminal conviction.

(a) In making a determination pursuant to Section 20, the private employer shall consider the following factors:

(1) The public policy of this State to encourage the employment of persons previously convicted of one or more criminal offenses.

(2) The specific duties and responsibilities necessarily related to the employment sought or held by the person.

(3) The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more of the duties or responsibilities necessarily related to the job or opportunity in question.

(4) Any evidence demonstrating the ability of the applicant or employee to perform the responsibilities of the job or opportunity in question.

(5) The time that has elapsed since the occurrence of the criminal offense or offenses.

(6) The age of the person at the time of occurrence of the criminal offense or offenses.

(7) The seriousness of the offense or offenses.

(8) The circumstances surrounding the offense or offenses.

(9) Any information produced by the person, or produced on the person's behalf, in regard to the person's rehabilitation and good conduct.

(10) The legitimate interest of the private employer in protecting property and the safety and welfare of specific individuals or the general public.

(b) In making a determination pursuant to Section 20, the private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.

Section 30. Employer protections. If an employer demonstrates that it has hired an individual pursuant to this Act, except for a willful or wanton act by the employer in hiring the individual, the employer shall not be civilly or criminally liable for an act or omission by the employee.

Section 35. Retaliatory or discriminatory acts. A person shall not retaliate or discriminate against a person because the person has done or was about to do any of the following:

(1) File a complaint under this Act.

(2) Testify, assist, or participate in an investigation, proceeding, or action concerning a violation of this Act.

(3) Oppose a violation of this Act.

Section 40. Waiver. An employer shall not require an applicant or employee to waive any right under this Act. An agreement by an applicant or employee to waive any right under this Act is invalid and unenforceable.

Section 45. Remedies.

(a) A person who is injured by a violation of this Act may bring a civil action in circuit court to obtain injunctive relief or damages, or both.

(b) The court shall award costs, reasonable litigation expenses, and reasonable attorney's fees to a person who prevails as a plaintiff in an action authorized under subsection (a) of this Section.".