Can Employers Discriminate Based on a Criminal Record?

 Posted on January 09, 2025 in Criminal Law

As a general rule, Illinois employers cannot discriminate against current or prospective employees simply because an employee has a conviction record. However, an employer can take adverse action against an employee or applicant if the worker’s conviction is substantially related to his job duties or if a particular conviction legally disqualifies him from working in certain positions. People with criminal convictions who are able to maintain gainful employment have a much lower chance of being re-arrested than people who are unable to find work. Illinois’s law seeks to balance the need for people with past convictions to work with the need to keep workplaces safe.

If you are facing criminal charges, you need an experienced Rolling Meadows, IL criminal defense attorney on your side. An attorney may be able to have your charges reduced or dismissed so that they will have even less of an impact on your employment prospects.

Can an Employer Refuse to Hire Felons? 

Employers generally cannot have blanket policies against hiring felons. This would be too broad of a rule, and it would be considered unlawful workplace discrimination. However, employers can refuse to hire people with particular convictions related to the job duties an applicant would be taking on. For example, an employer looking to hire a driver could reasonably refuse to hire someone with multiple felony DUIs.

Criminal Convictions and Industry Restrictions

Some industries cannot hire people with certain types of convictions due to industry restrictions and professional licensing requirements. For example, say a registered nurse is stripped of her license by the board of nursing due to a criminal conviction. A hospital could not hire this individual to work as a nurse. Similarly, a daycare could not hire a sex offender.

Could I Get Fired if I am Convicted of a Crime? 

Your employer can only fire you for a criminal conviction if the particular offense you are convicted of substantially relates to your job duties or suggests that you cannot do your job safely anymore. There is a substantial relationship between your job duties and your conviction if your job puts you in a position where you could commit the same or a similar offense.

For example, say you work in a position where you routinely handle your clients’ finances. If you are convicted of embezzlement, your employer could dismiss you out of concern that you would also embezzle from your clients’ funds. If the same employee was instead convicted of simple assault after a bar fight, there would likely be no relationship between the employee’s job duties and conviction, so he should not be fired.

Contact a Rolling Meadows, IL Criminal Defense Attorney 

Scott F. Anderson, Attorney at Law is committed to helping criminal defendants keep their careers wherever possible. Experienced DuPage County, IL criminal defense lawyer Scott Anderson will tailor your representation to your unique needs. Contact us at 847-253-3400 for a complimentary consultation.