As employment lawyers, we want you to fully appreciate that job interviews are not a forum for personal questions. It is against the law for an employer to ask about your age, race, religion, health, or family planning on applications or in interviews. If a hiring manager asks whether you are married, pregnant, or have a disability, they are crossing a legal line.
The Illinois Human Rights Act states that employers cannot use protected characteristics to make hiring decisions. That includes gender identity, national origin, and citizenship status. Yet these questions still arise. If this happens, you can file a complaint with the Illinois Department of Human Rights.
Below, we advise on some legal considerations to keep in mind during your job search in Illinois. Additionally, our attorneys at S.T. Legal Group help people hold employers accountable when hiring practices overreach. You have the right to get a job without first avoiding illegal questions.
State law puts limits on how deeply employers can delve into your background. They cannot ask about arrests that did not lead to convictions, nor can they see sealed or expunged records. The Job Opportunities for Qualified Applicants Act stops employers from running a background check before making a conditional offer.
Once an offer is made, an employer can review your criminal history, but the law requires them to consider the nature of any offenses committed, the time passed, and how it relates to the job. Blanket rejections based on a criminal record are not allowed.
If a company uses your past against you unfairly, it can be challenged by S.T. Legal Group on your behalf. Pushing back when a criminal record search is used inappropriately during your job search is your legal right, and our Illinois workplace discrimination lawyers could help.
Noncompete clauses used to be included in almost every offer letter, no matter the role or salary. That is changing fast throughout the state. The Illinois Freedom to Work Act bans noncompete agreements for workers earning less than $75,000.00 per year.
Even above that income level, the agreement must be reasonable in time, scope, and location. It must also protect a legitimate business interest and not be overly vague or broad. If you are unsure what is considered reasonable in this context, S.T. Legal Group offers Illinois employment agreement reviews and could clarify the terms for you.
Forced alternate dispute resolution clauses are often buried in job offers or onboarding fine print, hidden in legal jargon. What they do is block you from exercising your right to sue your employer in court if something goes wrong.
Instead of having your day in court, you are pushed into a private process run by a third party. There is no judge, no jury, and usually no public record. In some mediation sessions, you cannot even have a lawyer present. Additionally, in court, you can expect to be awarded attorney’s fees if you win, but not always in mediation or arbitration. All of this benefits employers and chips away at your rights. These clauses are technically allowed but not always enforceable.
S.T. Legal Group has helped people challenge arbitration agreements that were not properly explained. Silence can cost you. When in doubt, ask someone with professional knowledge of these legal clauses, like one of our Illinois employment attorneys.
Unfortunately, retaliation is not just something that happens after you get hired, it can start during the job search. If you report discrimination, ask about accommodations, or push back on illegal questions, some employers might disengage from you, say they are no longer hiring for that position, or pull the offer.
That conduct is illegal in Illinois, and the law protects people who assert their legal rights at any stage of the hiring or work process. You are allowed to speak up without losing your chance at the job. S.T. Legal Group helps people document and report this kind of retaliation.
There are many legal considerations to keep in mind during your job search in Illinois. Before you say yes to a job, make sure the offer is legal, fair, and honest. Your future deserves more than tricky fine print and false promises. Contact an employment lawyer at S.T. Legal Group today.
(847) 654 9200