Employer Law Blog

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.

In settling an existing charge of discrimination, administrative complaint or lawsuit, employers, upon advice of counsel, routinely obtain a release of all claims from the employee. This includes releasing any claims already asserted and any other potential claims the employee could assert in the future. Employers also utilize severance agreements as a means of minimizing litigation by obtaining a release of all claims from a departing employee when offering severance to the employee.