Arrest Record
In Illinois it is a violation of the Illinois Human Rights Act to discriminate against a person because they have been arrested. Please remember that an arrest is different that a conviction. Many times a person will be arrested but then the charges are dropped, the person goes to trial and is found innocent or sometime during the entire process the case gets dismissed.
It is also a violation of the Illinois Human Rights Act to discriminate against a person based on a conviction that has been expunged. This often comes up when an employer does a background check and the expunged conviction still shows up as a conviction. You can see how important it is for companies to get it right. If they don't get it right you may have a claim against them.
By taking a negative job action against a person solely because of an arrest, the employer would be punishing the person prematurely. A person is considered innocent until proven guilty and an arrest is not proof of anything. This tight job market is giving employers a sense that they can discriminate against employees without recourse.
There are some exceptions to this and it is wise to consult with an attorney before proceeding. My office is happy to discuss a case you may have involving arrest record or any other form of discrimination.
Cases involving discrimination based on arrest record are filed with the Illinois Department of Human Rights ("IDHR"). I practice at all of the IDHR offices and they do have their own sets or rules and regulations. It takes experience to navigate the IDHR offices. The Chicago office of the IDHR handles most of these types cases. There seems to be a real increase in these types of cases. I believe one reason is that many companies outsource their hiring process. Because the process is outsourced, the companies that do the hiring may not realize all of the laws in place in Illinois--especially if they are located out of state.
There is never a fee to discuss your employment related case. Please call me at 312-505-5038 or email me at pmllaw@yahoo.com to discuss your case.
It is also a violation of the Illinois Human Rights Act to discriminate against a person based on a conviction that has been expunged. This often comes up when an employer does a background check and the expunged conviction still shows up as a conviction. You can see how important it is for companies to get it right. If they don't get it right you may have a claim against them.
By taking a negative job action against a person solely because of an arrest, the employer would be punishing the person prematurely. A person is considered innocent until proven guilty and an arrest is not proof of anything. This tight job market is giving employers a sense that they can discriminate against employees without recourse.
There are some exceptions to this and it is wise to consult with an attorney before proceeding. My office is happy to discuss a case you may have involving arrest record or any other form of discrimination.
Cases involving discrimination based on arrest record are filed with the Illinois Department of Human Rights ("IDHR"). I practice at all of the IDHR offices and they do have their own sets or rules and regulations. It takes experience to navigate the IDHR offices. The Chicago office of the IDHR handles most of these types cases. There seems to be a real increase in these types of cases. I believe one reason is that many companies outsource their hiring process. Because the process is outsourced, the companies that do the hiring may not realize all of the laws in place in Illinois--especially if they are located out of state.
There is never a fee to discuss your employment related case. Please call me at 312-505-5038 or email me at pmllaw@yahoo.com to discuss your case.