Employer Law Blog

The Supreme Court recently ruled in E.E.O.C. v. Abercrombie & Fitch Stores, that a job applicant only had to show that the need for a religious accommodation was a motivating factor in the prospective employer's decision to not hire the applicant in order to prove a violation of Title VII of the Civil Rights Act, and not that the employer had actual knowledge of the applicants need for an accommodation based upon one's religious practice. Title VII prohibits a prospective employer from refusing to hire a applicant because of the applicant's religious practice when the practice could be accommodated without undue hardship.

Effective January 1, 2015, the new Illinois Job Opportunities for Qualified Applicants Act takes effect. The Act, signed by Governor Quinn on July 18, 2014, prohibits private employers with 15 or more employees from inquiring about or into, considering or requiring disclosure of criminal record or criminal history of an applicant for employment until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview or if there is no interview until after a conditional offer of employment is made to the applicant. This law represents a significant change in how most employers check into criminal record or criminal history information of employment applicants.

The EEOC recently announced an increase in the penalty for employers who fail to conspicuously post the equal employment opportunity (EEO) notices of rights of employees and job applicants. The penalty per violation has almost doubled as of April 18, 2014, from $110 to $210.