What Illinois Schools Need to Know About the New Illinois Law on Background Checks

The Job Opportunities for Qualified Applicants Act, 30 ILCS 105/5.855, was recently signed into law by Governor Quinn and requires a certain process for private employers when conducting pre-employment background checks on applicants. Notably, this law only applies to private, non-governmental employers and specifically does not apply when the entity is subject to separate laws that require them to exclude applicants with certain criminal convictions. As you know, the Illinois School Code prohibits the hiring of individuals who have been convicted of certain criminal offenses. As such, public schools and those subject to the Illinois School Code are not subject to this new law.