Interviewing and Selecting Job Candidates: Illinois

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick and Tareen Zafrullah, Faegre Drinker Biddle & Reath LLP

Summary

• Employers cannot base hiring decisions on characteristics protected by Illinois antidiscrimination laws.See The Application Process.
• A job application is a critical part of the recruiting process that may be used to obtain information about an individual's experience and expertise for a particular position. See Job Applications.
• With some exceptions, employers are prohibited from inquiring about certain information, including an applicant's arrest record and credit history. See Impermissible and Restricted Inquiries.
• Illinois has special requirements that restrict employers from asking about a job applicant's credit history except in certain defined circumstances. See Credit Reports.
• Most private employers are restricted in asking about an applicant's arrest and conviction record. See Criminal History.
• An employer violates Illinois Human Rights Act if it requires job applicants to submit I-9 documentation beyond that required by federal law. See E-Verify.
• Employers are required to retain hiring documentation, including job applications and job descriptions, for one year.See Record Retention.
• Organizations should take steps to avoid negligent hiring and negligent retention lawsuits.See Negligent Hiring and Retention.
• Localities including Aurora, Champaign, Chicago and Cook County have requirements pertaining to interviewing and selecting job candidates. See Local Requirements.