Sec. 10. Employment based on credit history or credit report not permitted.
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/il/chapter-820/act-70/10A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sec. 10. Employment based on credit history or credit report not permitted.
(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 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.
(2)Inquire about an applicant's or employee's credit history.
(3)Order or obtain an applicant's or employee's credit report from a consumer reporting
agency.
(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 security covering an individual
holding the position.
(2)The duties of the position include custody of or unsupervised access to cash or
marketable assets valued at $2,500 or more.
(3)The duties of the position include signatory power over business assets of $100 or
more per transaction.
(4)The position is a managerial position which involves setting the direction or
control of the business.
(5)The position involves access to personal or confidential information, financial
information, trade secrets, or State or national security information.
(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.
(7)The employee's or applicant's credit history is otherwise required by or exempt
under federal or State law.