1/3/2011 Illinois Restrictions On Employment Credit Reports Takes Effect

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Just a reminder to all who employ a workforce in the state of Illinois that restrictions on the use of employment credit reports take effect today, January 3, 2011.

The new law forbids employers from inquiring about an applicant or employee’s credit history or obtaining a copy of their credit report.  The law does not affect an employer’s ability to conduct a thorough background check that does not contain a credit history or report.

HOWEVER READ BELOW

Under the new law, employers may access credit checks under limited circumstances, including positions that involve: bonding or security per state or federal law; unsupervised access to more than $2,500; signatory power over businesses assets of more than $100; management and control of the business; access to personal, financial or confidential information, trade secrets, or state or national security information.

Translation: To all those who have been living under a rock for the last five years and continue to run credit reports on candidates where credit has nothing to do with the job responsibilities, you might want to stop.  For the 99.99% of all others who have been using them appropriately, you can continue to do so (just make sure you adhere to the exemptions above).

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