Illinois Restricts Use of Employment Credit Reports

Nick Fishman

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).

Nick Fishman
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Nick Fishman

Nick Fishman is the co-founder of EmployeeScreenIQ, a leading, global employment background screening provider, and serves as the company’s executive vice president and chief marketing officer. He pioneered the creation of EmployeeScreen University, the #1 educational resource on employment background checks for human resources, security and risk management professionals. A recognized industry expert, Nick is a frequent author, presenter and contributor to the news media. Nick is also a licensed private investigator in the states of Ohio and Texas.
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  • Marla Powers

    I think thenew law makes a lot of sense. I am less concerned about the financial status of my receptionist, environmental workers than the Controller, Account Manager or Sales Manager.

  • Marla Powers

    I think the new law makes a lot of sense. I am less concerned about the financial status of my receptionist, environmental workers than the Controller, Account Manager or Sales Manager.

  • Pingback: Anyone Think Employment Screening Legislation is Hypocritical? | EmployeeScreenIQ Blog()