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Illinois SB 1480 Governor J.B. Pritzker signed Senate Bill 1480 on March 23, 2021. This law amended the Illinois Human Rights Act by adding section 103.1. This law was immediately effective and placed restrictions on the use of conviction records when employers make employment decisions.
On March 23, 2021, Governor J.B. Pritzker signed HB 3056 into law, which is known as the Employee Background Fairness Act (EBFA). This law limits the ability of employers to disqualify applicants based on their convictions unless specific exceptions apply and the employer completes the required process.
So, yes, you can run an employment background check on an independent contractor. However, youll need to ensure you follow state and federal regulations when doing so.
Can background checks be conducted on independent contractors and other contingent workers? In general, employers may conduct background checks on all individuals performing work at their worksites including independent contractors and other contingent workers.
What Is the Employee Background Fairness Act? The Employee Background Fairness Act modifies the Illinois Human Rights Act to help establish fair hiring practices. Under this law, employers can no longer disqualify job applicants based solely on their conviction records, with some exceptions.
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Here are some common disqualifying offenses: Felonies and Misdemeanors Serious crimes such as assault, theft, or drug-related offenses. Identity Theft Any involvement in stealing or misusing personal information.
It depends. Sometimes contract work will show up on certain parts of a background check. Contract workers are independent contractors and do not go through conventional employment channels like payroll or health benefits, so 1099 experience may not be reflected in all databases used for standard background checks.
An employer or employment agency may not inquire about or into, consider, or require disclosure of the criminal record or criminal history of an applicant until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview by the employer or employment

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