Background Check Policy
(with Acknowledgment) (IL)

Summary

This template is a Background Check Policy (IL) that covers key topics regarding background checks affecting Illinois employers including, among others, Fair Credit Reporting Act (FCRA) and mini-FCRA issues, EEOC guidance, receiving consent for background checks, employer disclosure obligations, confidentiality issues, and offers of employment/continued employment contingent upon successful completion of background checks. It contains practical guidance and drafting notes. This template is intended for private employers. Employers may include this policy in an employee handbook or distribute it as a standalone policy. Its language complies with Illinois and federal law. It does not differ from the non-jurisdictional Background Check Policy (with Acknowledgment), except that it contains drafting notes that address issues under both Illinois and federal law. For a full listing of key content that can be used by in-house counsel to develop, revise, and implement a company's employee and third-party-related policies, see In-House Company Policies Resource Kit. For a full listing of key content covering employee handbook considerations, see Employee Handbook Resource Kit. For more information on background checks under federal law, see Interviewing and Screening Job Applicants; Criminal Background Checks: Key Analyses and Considerations; Consumer Reports and Credit History Checks under the Fair Credit Reporting Act (FCRA); Fair Credit Reporting Act (FCRA) and State Mini-FCRAs: Step-by-Step Guidance for Compliance; and Social Media Information Regarding Job Applicants and Employees: Key Considerations. For information on Illinois laws concerning background checks, see the Illinois row and the References and Background Checks column of the Screening and Hiring State Practice Notes Chart. For state-specific templates on background checks, see the Background Checks column of the Screening and Hiring State Expert Forms Chart. For more information on background checks, see Background Check Guidelines for Human Resources and Hiring Managers. For a full listing of key content covering recruiting, screening, testing, hiring, and onboarding, see Screening and Hiring Resource Kit. For tracking of newly enacted laws affecting background check policies in Illinois and other key federal, state, and local Labor & Employment legal developments, see Labor & Employment Key Legal Developments Tracker (Current). The process map below provides a visualized overview of the key stages in the typical recruiting and screening process. For a related process map covering the hiring and onboarding process, see Hiring and Onboarding Process Map. Visualization of Recruiting and Screening Process Map.