Fair Chance/Illinois
Illinois Fair Chance Hiring 2026
When criminal history can enter the hiring process, what must happen before a conviction-based no, and who enforces it. Every figure below is checked against the statute and agency guidance.
Two Laws, Two Gates
The Job Opportunities for Qualified Applicants Act controls when criminal history can enter the process at employers with 15 or more employees, and the Illinois Human Rights Act controls what a conviction-based decision must look like.
| The law | Job Opportunities for Qualified Applicants Act (820 ILCS 75); Illinois Human Rights Act, 775 ILCS 5/2-103.1 |
|---|---|
| Who is covered | The JOQAA covers employers with 15 or more employees in the current or preceding calendar year (820 ILCS 75/10). |
| When criminal history can enter | Under the JOQAA, an employer may not ask about criminal history until the applicant has been determined qualified for the position and notified that they have been selected for an interview, or, if there is no interview, until a conditional offer is made (820 ILCS 75/15). Being selected for an interview alone is not the trigger; the statute requires both the qualification determination and the notification. |
| Assessment before a no | The Illinois Human Rights Act (775 ILCS 5/2-103.1), added by P.A. 101-656 effective March 23, 2021, makes a conviction-based employment decision a civil rights violation unless the conviction substantially relates to the job or poses an unreasonable risk to property or safety. The judgment runs through six statutory factors: the length of time since the conviction; the number of convictions on the record; the nature and severity of the conviction and its relationship to the safety and security of others; the facts or circumstances surrounding the conviction; the person's age at the time of the conviction; and evidence of rehabilitation efforts. |
| The response window | At least 5 business days for the person to respond to the written preliminary notice before the employer finalizes a conviction-based decision (775 ILCS 5/2-103.1). |
| Required notices | A written preliminary notice of the disqualifying conviction and the basis for the preliminary decision, then, if the decision stands after considering the person's response, a final written notice that includes the right to file a charge with the Illinois Department of Human Rights (775 ILCS 5/2-103.1). |
| Enforcement and penalties | JOQAA violations are handled by the Illinois Department of Labor. Under the 2025-amended text (P.A. 104-2, effective June 16, 2025), penalties run from a written warning with 30 days to remedy, to up to $500, then up to $1,500, then up to $1,500 for each additional 30 days of continued noncompliance (820 ILCS 75/20). Human Rights Act claims proceed as civil rights violations through the Illinois Department of Human Rights. |
The Illinois record
March 23, 2021
The Human Rights Act's conviction provision takes effect (775 ILCS 5/2-103.1, added by P.A. 101-656).
June 16, 2025
JOQAA penalties amended (P.A. 104-2): warning with 30 days to remedy, then up to $500, then up to $1,500, then up to $1,500 per additional 30 days of noncompliance.
The federal floor: FCRA paperwork in every state
Whenever an employer in any state obtains a background check through a consumer reporting agency, the federal Fair Credit Reporting Act sets the baseline procedure. State fair-chance laws layer on top of it, never instead of it.
Before the check. A standalone written disclosure that a consumer report may be obtained for employment purposes, and the applicant's written authorization (15 U.S.C. 1681b(b)).
Before any adverse action based on the report. A copy of the report plus the summary of rights, "A Summary of Your Rights Under the Fair Credit Reporting Act." The current edition is the CFPB's September 2018 version, published on the CFPB model forms and disclosures page; superseded FTC-branded copies still circulate.
With the adverse-action notice. The consumer reporting agency's name, address, and toll-free phone number; a statement that the agency did not make the decision and cannot explain it; and disclosure of the rights to a free report within 60 days and to dispute the report's accuracy (15 U.S.C. 1681m(a)).
Questions employers ask
When can an Illinois employer ask about criminal history?
Under the Job Opportunities for Qualified Applicants Act, not until the applicant has been determined qualified for the position and notified that they have been selected for an interview, or, if there is no interview, until a conditional offer of employment is made. The trigger is both the qualification determination and the notification, not mere selection for an interview.
What is the Illinois Job Opportunities for Qualified Applicants Act?
820 ILCS 75, the state's ban-the-box law. It covers employers with 15 or more employees and delays criminal-history inquiries until the applicant is determined qualified and notified of interview selection, or until a conditional offer if there is no interview. The Illinois Department of Labor enforces it.
Can an Illinois employer reject an applicant because of a conviction?
Only within the Illinois Human Rights Act's limits. Since March 23, 2021, using a conviction record in an employment decision is a civil rights violation unless the conviction substantially relates to the job or poses an unreasonable risk to property or to safety, judged through six statutory factors including time elapsed, the number of convictions, the nature and severity of the offense, its circumstances, the person's age at the time, and rehabilitation evidence.
What process does Illinois require before a conviction-based rejection?
A written preliminary notice of the disqualifying conviction, at least 5 business days for the person to respond, consideration of what they submit, and then a final written notice that includes the right to file a charge with the Illinois Department of Human Rights.
What are the penalties under the Illinois JOQAA?
Under the text amended by P.A. 104-2, effective June 16, 2025: a written warning from the Illinois Department of Labor with 30 days to remedy, then a civil penalty of up to $500, then up to $1,500, then up to $1,500 for each additional 30 days of continued noncompliance.
Sources and caveats
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