Illinois Compiled Statutes 820 ILCS 70/10 – Employment based on credit history or credit report not permitted
Current as of: 2024 | Check for updates
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(a) Except as provided in this Section, an employer shall not do any of the following:
(1) Fail or refuse to hire or recruit, discharge, or
(1) Fail or refuse to hire or recruit, discharge, or
otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment because of the individual’s credit history or credit report.
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(2) Inquire about an applicant’s or employee’s credit
history.
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(3) Order or obtain an applicant’s or employee’s
credit report from a consumer reporting agency.
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(b) The prohibition in subsection (a) of this Section does not prevent an inquiry or employment action if a satisfactory credit history is an established bona fide occupational requirement of a particular position or a particular group of an employer’s employees. A satisfactory credit history is not a bona fide occupational requirement unless at least one of the following circumstances is present:
(1) State or federal law requires bonding or other
Terms Used In Illinois Compiled Statutes 820 ILCS 70/10
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(1) State or federal law requires bonding or other
security covering an individual holding the position.
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(2) The duties of the position include custody of or
unsupervised access to cash or marketable assets valued at $2,500 or more.
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(3) The duties of the position include signatory
power over business assets of $100 or more per transaction.
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(4) The position is a managerial position which
involves setting the direction or control of the business.
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(5) The position involves access to personal or
confidential information, financial information, trade secrets, or State or national security information.
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(6) The position meets criteria in administrative
rules, if any, that the U.S. Department of Labor or the Illinois Department of Labor has promulgated to establish the circumstances in which a credit history is a bona fide occupational requirement.
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(7) The employee’s or applicant’s credit history is
otherwise required by or exempt under federal or State law.
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