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“Have you ever been convicted of a felony?”

The “Job Opportunities for Qualified Applicants Act” (or “Ban the Box” legislation) that took effect January 1^st has Illinois employers with 15 or more employees removing this question from their job applications.

The new law prevents employers and agencies with 15 or more employees from asking about or requiring disclosure of a criminal history until the applicant has been determined qualified for the position or conditionally offered employment. The legislation is meant to help those otherwise qualified applicants from being immediately eliminated in the hiring process because of their backgrounds.

The new law will not prevent employers from rejecting applicants because of their criminal past. However, it will prevent employers from asking the question on the application. According to Michelle Rodriguez, a lawyer the National Employment Law Project (NELP), “This [legislation] is about letting people get their foot in the door, and not being automatically disqualified”. However, “you’re not required to hire anyone”.

Not all employers will be subject to the law. Some exemptions include:

–Employers under state or federal mandate not to employ individuals with particular criminal histories.  For example, applicants for a position as a teacher, police officer or caregiver for children or the elderly may be asked on a preliminary application and taken out of the hiring pool.

–Employers needing to obtain a fidelity bond (form of insurance to protect against dishonest acts by employees).  Since employment is contingent upon the applicant’s ability to be bonded, they can be asked on the preliminary employment application.

—Employment of EMTs (Emergency Medical Technician) Under the Emergency Medical Service Systems Act, the EMTs can also still be required to disclose their criminal history.

The Illinois Department of Labor will issue a warning to employers in violation of the law, providing 30 days to remedy the problem. If an employer repeats the infraction, or fails to remedy the violation after 90 days, they may receive a fine up to $1,500. For every additional 30 days the employer is not in compliance, they can receive an additional $1,500 fine.

Client Testimonials

Jimmy Su

We just had great experience with Tom Haught and his paralegal Courtney Kropf. The communication is clear and fast. All emails were replied within 30 minutes. We will definitely work with Tom Haught again.

Sagar Kanabar

Jeannette Gonzales

Was recommended to them from my company. They did an excellent job and always answered all my questions. Were always upfront with all things and made sure I understood everything that was explained to me.

Ardus

We used the law firm during the sale of our house. We dealt with Mr Haught and Courtney, who made the process very smooth. They were professional, yet very friendly to deal with.I would not hesitate to recommend them to my family and friends.

vanissa colaco

Our immigration experience with Ann Fischer has been amazing! She has been meticulous, organized and worked on our case in a timely manner. Ann and her team went above and beyond to address all of our concerns and provide a personalized support which made a significant difference during our stressful time.I highly recommend her services to anyone seeking legal representation for their immigration matters.

Mike and Keeley Aulert

We have used Tom Haught for two home purchases and one sale over the years and continue to be impressed by his professionalism, responsiveness, and thoroughness. Reasonable pricing too. Highly, highly recommended.

Waseem Chaudhry

Gardi, Haught is one of professional firm, I have been with G&H since last 8 years in all legal matters.RegardsWaseem Chaudhry

Khurram Ghani

Tom and his dedicated crew recently helped me close on a commercial property, and I must say they did an exceptional job! Throughout the entire process, they were incredibly responsive, attentive to detail, and a pleasure to work with. Their professionalism and expertise made the transaction smooth and efficient. I am thoroughly impressed with their performance and definitely plan to work with them again in the near future. I highly recommend Tom and his team for anyone in need of real estate services!

Ryan B

I'd like to thank Gardi, Haught, Fischer, & Bhosale LTD and the whole Team! For amazing service. They made my selling experience fast, easy and at my convenience. I'm very thankful for the whole team over there. Their service meant alot to me and will be using them in the future. 10/10 !

Roberta Murphy

We worked with Tom and Courtney mainly on our recent closing. While it did not go as planned (all the other side’s issues) they did a great job keeping us informed and in track. Highly recommend.

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