5 types of background checks when applying for a job in Illinois :

Reference checks

Employers often do reference checks. It is to make sure the information on your resume or application is correct. For example, they may ask your previous employer for the dates you were employed.

Drug tests

Certain industries might require drug tests, such as driving and aviation. Illinois does not encourage or prohibit drug tests. But if you are in a drug rehab program, employers can order drug tests. However, they can’t do it only because you belong to a certain group, such as race or religion. Employers can require you to do a drug and alcohol test after the job is offered. Your employer should pay for you to take the test.

Social media and internet checks

Employers can view your public social media posts to learn about you. However, they cannot ask for your social media password or other account information.

Criminal background checks

Employers can’t ask about your arrest record. They cannot use this information in hiring. Some employers are prevented from asking whether you’ve ever been convicted of a crime. This applies to private employers in Illinois with one or more employees in Illinois for at least 20 weeks in the year of violation, or the year before the year of violation. 

Federal and state law also prevents employers from asking job applicants about criminal history that has been expunged, sealed, or subject to executive clemency or pardon.

However, there are exceptions. If you are applying to the following jobs, the employer can review your conviction history, even if it has been sealed:

Armed security guards,
Carnival workers,
Child care workers,
Health care workers,
Local government workers,
Locksmiths,
Private detectives, and
School workers.

When can employers ask these questions?

Employers in Cook County and Chicago can’t ask for criminal history before the job interview. If there is no interview, they can’t ask until a conditional job offer. But they can ask the questions after the conditional offer.

How do employers check criminal history?

Employers can check your criminal background in a few ways. They can get information from the Illinois State Police. They can also search for online criminal databases. Some employers hire agencies to search for local court records. Other employers use fingerprint checks through the Department of Justice or FBI databases.

What can employers do with my criminal record?

Your criminal history can influence whether an employer hires you. But it can’t be the only reason to reject you unless the crime is related to the job.  If you are denied because of the criminal history check, the employer must tell you why.

To evaluate the offense, the employer should consider:
The date of the offense,
The seriousness of it, and
Rehabilitation.

Federal law requires employers to keep information learned from background checks private.

Credit checks

Employers cannot make decisions based on your credit. They are not allowed to any of the followings:

Ask about your credit history or report,

Order your credit report from an agency,

Refuse to hire or recruit you because of your credit history or report, or

Discriminate against you because you have filed for bankruptcy.

There are exceptions, too. Employers in Illinois can check your credit if:

The job involves unsupervised access to cash or assets worth $2,500 or more,

It is a management position,

The job involves trade secrets or other confidential information, or

Your credit history is a bona fide occupational qualification (BFOQ). This means that you must have a good credit history to apply for the job. If you want to work in a bank, the employer can ask about your credit.

What can I do if I was denied a job because of a background check?

If the denial is a result of the reference check, there is not much you can do.

If the reason is that your social media posts look bad, you can’t sue.

If the reason is a positive drug test, the employer might not be liable. But it’s not OK to order the test only because of your race or religion. If the affirmative result is due to a prescription drug you are taking, you can sue for discrimination against disability.

No employer can ask for your arrest history. But some can check your conviction record. Your criminal history must be related to the position to reject you. If the employer violates the law, you could complain to the Department of Labor.

Employers cannot use your credit to make decisions. However, if good credit is required, they might check your credit history. You can bring the action in court if there is any violation of the law.