Only a few months after Illinois “banned the box” for private employers, Chicago’s city council has proposed to do the same.  “Ban the box” refers to a movement that seeks to remove the check box from job applications asking whether or not the applicant has a prior criminal history.  Like the Illinois law, Chicago’s proposal would defer such inquiries until after the applicant has been (i) deemed qualified for the position and (ii) notified of his or her selection for an interview.  Where the employer does not conduct an interview, it would have to wait until after making a conditional offer.

The primary purpose behind the council’s proposal is to expand the coverage of the state law (which only applies to private employers with fifteen or more employees) to include all private businesses in the city of Chicago.  The proposal otherwise adopts the prohibitions and exceptions set forth in the state law (for more on the state law, see our prior client alert), and incorporates a similar penalty scheme with fines ranging from $100 to $1,000 for each offense.

If the council’s proposal becomes law, it will take effect on the same date as the Illinois state law, January 1, 2015.  Stay tuned to see what the Windy City decides.

 

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Photo of Nigel F. Telman Nigel F. Telman

Nigel F. Telman is the Managing Partner of the Firm’s Chicago office, leads the Employment practice in the Chicago office, and is co-head of the Labor Department’s national Employment Litigation & Arbitration Practice Group.

Nigel serves as a high-level strategic advisor to his…

Nigel F. Telman is the Managing Partner of the Firm’s Chicago office, leads the Employment practice in the Chicago office, and is co-head of the Labor Department’s national Employment Litigation & Arbitration Practice Group.

Nigel serves as a high-level strategic advisor to his clients on “bet the company” employment-related claims that often involve significant reputational risk. The nation’s leading organizations turn to Nigel to handle their most sensitive and challenging matters which, due to his involvement, often successfully result in non-public and confidential resolutions. When matters are unable to be settled, Nigel works with clients to strategically design a litigation strategy that advantageously positions them for successful dispositive motions, trial and the possibility of post-trial appeals.

A strategic advisor to boards and C-suite executives on the full spectrum of the employer/employee relationship, Nigel’s nationwide practice is concentrated in litigating single and class action disputes arising out of claims of workplace harassment and employment discrimination, and in handling confidential workplace investigations. In addition, Nigel has significant experience defending and enforcing Restrictive Covenant Agreements, as well as protecting employers’ trade secrets and other confidential information from misappropriation by former employees through the institution of emergency litigation seeking temporary and permanent injunctive relief. Nigel utilizes his experience litigating employment-related disputes to counsel clients on effective ways to avoid litigation. His counseling practice focuses on training and advising clients on ways to improve all aspects of the employment relationship, including techniques on how to make effective hiring decisions; reviewing and revising employment policies, practices and procedures; and advising on employee disciplinary matters, reductions in force and termination decisions.

Providing the highest level of strategic advice and execution across all phases of the employee lifecycle from hire to exit, Nigel represents clients in a range of industries before state and federal courts throughout the country as well as before the U.S. Equal Employment Opportunity Commission, state and local administrative agencies, and the American Arbitration Association.

Nigel is ranked by Chambers USA in Illinois for Labor & Employment and his clients praise him as being “business-savvy and delivering stellar results. He is an extremely effective negotiator and has the highest degree of integrity in all of his dealings.”