How Can Illinois’s Ban the Box Law Prevent Discriminatory Hiring?

 Posted on November 07, 2024 in Criminal Law

Many people mistakenly think that if you are convicted of a crime, you serve your time and then put the past behind you. In truth, a past conviction can impact your life in many ways long after you complete your sentence. For example, many people with a criminal record face serious challenges when looking for a job.

Illinois’s "Ban the Box" law was designed to remove this barrier and prevent a criminal background from causing a person to remain jobless. If you have been facing similar challenges in your efforts to start a new chapter in your life, speak with an experienced Wheaton, IL criminal defense lawyer to learn more.

What Does "Ban the Box" Mean?

A common question on many job applications is some variation of: "Have you ever been convicted of a crime?" When an applicant honestly responds, "Yes," it often prevents them from moving forward in the interview process. Officially known as the Job Opportunities for Qualified Applicants Act, the Ban the Box law aims to get rid of that question.

Named after the document format where there are questions and multiple answers and applicants are asked to check the box next to the answer that applies, "Ban the Box" prohibits employers from asking about a criminal history during an initial stage of hiring.

How Does Ban the Box Help?

Illinois’ Ban the Box law can improve the job hiring process in several ways, including:

• Fairer job opportunities: Removing questions about criminal history from initial job applications can help people with criminal records get their foot in the door. That means they can be considered based on their qualifications and experience, rather than automatically disqualified because of past convictions.

• Reduces unemployment: It is difficult for many people with criminal backgrounds to find work, leading to long-term unemployment. Ban the Box gives people more access to job opportunities. This can play a significant role in reducing poverty and desperation and helping people reintegrate into society.

• Enhances employer selection: One of the stated goals of this law is to give employers access to the broadest possible pool of qualified applicants. With many more applicants with criminal records being considered than before, employers have more qualified job candidates to choose from.

Important Clarification About the Limits of Ban the Box

Under this law, Illinois employers are not allowed to ask about an applicant’s criminal history until later in the hiring process, after an applicant has been interviewed or offered a job. The law gives job applicants with a criminal background more opportunities to go through the interview process and demonstrate why they are a good job candidate before their past can be used to influence the employer. It does not guarantee that the applicant will be hired.

After the interview process, an employer might decide not to hire someone because of their criminal record. If that happens, they need to explain why they made that decision and give the applicant a chance to respond. This transparency helps encourage fair decision-making processes.

Schedule a Free Consultation with a DuPage County, IL Criminal Defense Lawyer

If you are facing endless challenges as you look for work, speak with a qualified Wheaton, IL criminal defense attorney about how the Ban the Box law might open more doors. At Davi Law Group, LLC, we are passionate about helping our clients get back on their feet after serving their time and keeping them out of unemployment so they can get a fresh start. Call us at 630-580-6373 to schedule a free consultation.