Can an Illinois Employer run a Credit Report as Part of a Background Check?

Jun 20 2016 Can an Illinois Employer run a Credit Report as Part of a Background Check?

The “Employee Credit Privacy Act” (Illinois House Bill 4658) prohibits employers in the state from discriminating based on the credit history of job seekers or employees. The law took effect January 1, 2011 and prohibits employers from inquiring about or using an employee’s or prospective employee’s credit history as a basis for employment, recruitment, discharge, or compensation. Employers who violate the new law can be subject to civil liability for damages or injunctive relief.

However, under the 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; and
• Access to personal, financial or confidential information, trade secrets, or state or national security information.