No job? Bad credit? No problem! (In Illinois.)
Illinois recently enacted legislation that broadly restricts a private employer from using credit reports regarding job applicants or current employees. Subject to certain exceptions, an employer may not inquire about, order, or obtain a job applicant’s credit report, or fail or refuse to hire or recruit an individual based on the individual’s credit report or history. With respect to current employees, an employer may not discharge or otherwise discriminate against an employee because of the employee’s credit history or credit report. The law also prevents an employer from requiring an applicant or employee to waive any rights under the new law and prohibits retaliatory and discriminatory acts by the employer. Importantly, the law creates a private right of action for an individual to seek injunctive relief and damages and provides for prevailing-party attorneys’ fees.
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