Illinois

The Details

Joining a nationwide trend, the Board of Commissioners of Cook County, Illinois, amended the Human Rights Ordinance to add credit history to the list of items an employer may not consider in making employment decisions. The amendment broadly restricts employers from using an employee’s or job applicant’s credit history to discriminate with respect to any “term, condition, or privilege of employment,” including hiring, recruiting, disciplining, setting compensation, and terminating employment.  Unless an exception applies, employers are prohibited from inquiring about credit histories or obtaining reports on applicants or employees. 

The new prohibitions and exceptions are similar to those of the Illinois Employee Credit Privacy Act and the Chicago Human Rights Ordinance. Employers in Illinois, including those in Chicago, who are in compliance with the preexisting Illinois and Chicago laws likely will need to make few, if any, changes to their protocols based on the amendment (Cook County Code Section 42-35(g)), which is in effect. 

Perhaps the most generous of the three state and local laws in terms of permissible remedies, the county ordinance effectively builds on the remedial provisions of the state law (which provides for lawsuits) and the Chicago ordinance (which provides for regulatory fines that can accumulate quickly). However, unlike any other rights under the Illinois law, claims under the Cook County ordinance can be released as part of a general release. 

Employers Covered 

The ordinance applies to employers that have their principal place of business in Cook County or do business in Cook County. However, as under the state law and Chicago ordinance, certain types of governmental entities or organizations and certain private entities are exempt. The latter include: 

1. Certain financial entities, including banks;
2. Insurance or surety businesses authorized under Illinois law; and
3. Debt collectors recognized under federal or state law or county ordinance.

Other Exceptions