When you apply for a job, employers may conduct background checks to see if you fit the position. Employers perform background checks to learn about their job applicants and to protect themselves. If an employee hurts others, the employer could be sued.

However, there are many laws that limit what types of checks an employer can do, and when.

If an employer wants to conduct background checks, it must check all applicants equally. It can't do a check because of characters such as race, sex, and religion. If the employer has treated you unequally, you can file a claim within 300 days of the alleged violation with the Illinois Department of Human Rights. You need to complete an Employment complainant information sheet before filing.

5 background checks an employer might be able to use:

• Reference check
• Drug test
• Social media and internet check
• Criminal background check 
• Credit check

Reference checks

Employers often do reference checks. It is to make sure the information on your resume or application is correct. For example, they may ask your previous employer for the dates you were employed.

Drug tests

Certain industries might require drug tests, such as driving and aviation. Illinois does not encourage or prohibit drug tests. But if you are in a drug rehab program, employers can order drug tests. However, they can’t do it only because you belong to a certain group, such as race or religion. Employers can require you to do a drug and alcohol test after the job is offered. Your employer should pay for you to take the test.

Social media and internet checks

Employers can view your public social media posts to learn about you. If any of your social media profiles or posts are public, an employer may use them. However, they cannot ask for your social media password or other account information.

Criminal background checks

Employers can't ask about your arrest record. They cannot use this information in hiring. Some employers are prevented from asking whether you've ever been convicted of a crime.

Federal and state law also prevents employers from asking job applicants about criminal history that has been expunged, sealed, or subject to executive clemency or pardon.

However, there are exceptions. If you are applying to the following jobs, the employer can review your conviction history, even if it has been sealed:

• Armed security guards,
• Carnival workers,
• Child care workers,
• Health care workers,
• Local government workers,
• Locksmiths,
• Private detectives, and
• School workers.

Credit checks

Employers cannot make decisions based on your credit. They are not allowed to:

• Ask about your credit history or report,
• Order your credit report from an agency,
• Refuse to hire or recruit you because of your credit history or report, or
• Discriminate against you because you have filed for bankruptcy.

There are exceptions. Employers in Illinois can check your credit if:

• The job involves unsupervised access to cash or assets worth $2,500 or more,
• It is a management position,
• The job involves trade secrets or other confidential information, or
• Your credit history is a bona fide occupational qualification (BFOQ). This means that you must have a good credit history to apply for the job. If you want to work in a bank, the employer can ask about your credit.

What can I do if I was denied a job because of a background check?

If the denial is a result of the reference check, there is not much you can do.

If the reason is that your social media posts look bad, you can't sue.

If the reason is a positive drug test, the employer might not be liable. But it's not OK to order the test only because of your race or religion. If the affirmative result is due to a prescription drug you are taking, you can sue for discrimination against disability.

No employer can ask for your arrest history. But some can check your conviction record. Your criminal history must be related to the position to reject you. Also, they can't ask about any other aspects of your criminal record until you are scheduled for an interview, or they give you a conditional offer of employment. If the employer violates the law, you could complain to the Department of Labor.

Employers cannot use your credit to make decisions. However, if good credit is required, they might check your credit history. You can bring the action in court if there is any violation of the law.

Where to file a complaint

Contact the Illinois Department of Human Rights to file a complaint if an employer asks about:

• Arrests that did not lead to a conviction,
• Your juvenile record, or
• A sealed or expunged criminal record.

Contact the Illinois Department of Labor to file a complaint if an employer asks about other parts of your criminal record. You may also file a complaint using the Department of Labor's Ban the Box Complaint Form. 

You may also contact the Chicago’s Commission on Human Relations if the employer is in Chicago. 

Can I refuse to complete a background check?

Most reference checks are fine. You might not want to refuse them.

Social media checks are allowed as long as the employer doesn't ask for your password.

You might refuse to do a drug test if you believe it's ordered because of your race, religion or similar traits. You could object to it if it seriously harms your privacy. You might also refuse if drug use is not relevant.

If the employer asks for your arrest record, you can always refuse. If the private employer has 15 or more employees, it cannot ask for the conviction record. In Cook County, most private employers cannot ask for conviction history. If the employer is allowed to ask these questions, but they ask you before the interview or conditional offer, you could also refuse.

You can refuse inquiries about your credit. However, there are exceptions where having good credit is necessary for the position.