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Illinois Law Now Prohibits Job Discrimination on Account of Credit – Bankruptcy

Posted on Jan 1, 2011 in Life After Bankruptcy, Uncategorized

Happy New Year!

And for Illinois job-seekers with credit problems or who have filed for bankruptcy before, it really is a Happy New Year.

Effective January 1, 2011, it is against the law to discriminate in employment in Illinois based on credit except in limited circumstances.

This Act prohibits discrimination on account of credit history in employment decisions except in the following circumstances:

  • State or federal law requires bonding or security for the position
  • The position includes unsupervised access to cash or assets worth more than    $2500
  • The position involves signatory power over more than $100 per transaction
  • The position is a managerial position which involves setting the direction or control of the business
  • The position involves access to personal or confidential information, trace secrets or State or national security information
  • Department of Labor criteria demonstrate that credit history is a bona fide occupational requirement
  • Credit history is other wise required by or exempt under federal or state law.

So the bad news is that quite a few jobs still might allow for credit checking. But most won’t.

Keep in mind that the Act nevertheless allows for a thorough background check which can include information about the job-seeker – without credit history.

If you feel you have had an issue with this, call Lakelaw.  You may be able to recover damages as well as attorneys fees.


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