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I had a roommate in 2015. He was a alcholic. He tried to

hello I had a roommate...
hello I had a roommate in 2015. He was a alcholic. He tried to steal my phone and we got into a fight. He actully banged his head in the drywall putting a hole in it. Then he went to Oak Forest police and had em arrested. Now I am the sole owner of the dwelling. Police came and arrested me. Charges were dismissed and I thought it was the end of it.
JA: Because laws vary from state to state, can you tell me where the business is located?
Customer: I applied fot a job wiht the village of Tinley Park and then do a large backround check. Well the arrest showed up and I told the investagotor that it was dismissed. Cant they deny me the job now ????
JA: Has anything been filed or reported?
Customer: yes went to court and it was dropped
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
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Answered in 14 minutes by:
7/14/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,262
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Generally speaking, they can't deny you a job now.

The Illinois "Job Opportunities For Qualified Applicants Act" prohibits employers from inquiring into, considering, or requiring the disclosure of a job applicant's criminal history or background on a job application. Employers are allowed under the Act to notify applicants in writing of the "specific offenses that will disqualify an applicant from employment in a particular position due to federal or State law or the employer's policy."

Employers may also inquire into an applicant's criminal background once he or she has been deemed qualified for a specific position and selected for an interview or, if the employer is not conducting interviews, only after making a conditional offer of employment. This way, "employers may be more inclined to give an applicant with a past conviction a chance" by first establishing his or her qualifications.

Unfortunately, if you're refused, Section 20 of the Act vests enforcement and rulemaking authority in the Illinois Department of Labor. It does not create a private cause of action for aggrieved job applicants, meaning that you can't personally sue.

Employers that violate the Act are subject to four tiers of civil penalties. A first violation results in a written warning providing notice of the penalties for subsequent violations and giving the employer 30 days to remedy. If the violation is not remedied within the 30-day window or a second violation occurs, the Department of Labor may impose a civil penalty of up to $500.

If the violation still isn't remedied after 60 days or a third violation occurs, the Department may impose an additional civil penalty of up to $1,500. If the violation isn't remedied within 90 days and yet another violation occurs, the Department may impose a civil penalty of up to $1,500 for every 30 days that pass without compliance.

So while they can't consider your criminal background (subject to the exceptions listed above) if they do so the only recourse is with the Department of Labor.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,262
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 3 months ago
I was denied the job. I got a threel line letter yesterday in the mail telling me due to the pre employment background check, they told me I am taken off condsideration

I am sorry to hear that. You should contact the Illinois Department of Labor to complain, as they're the department that has jurisdiction over such complaints: https://www.illinois.gov/idol/Laws-Rules/FLS/Pages/Ban-The-Box-Complaint-Form.aspx

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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,262
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Experience: Licensed Texas General Practice Attorney

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