Misusing old police record violates law

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 25, 2016 1:28 PM

Section 2-103(A) of the Illinois Human Rights Act generally prohibits an employer from asking about or using “the fact of an arrest” in making employment decisions. But Subsection (B) “backtracks slightly,” Justice Michael B. Hyman explained in the city of Chicago’s appeal from an $87,227 judgment for Arcadia Murillo, by authorizing employers to obtain or use “other information which indicates that a person actually engaged in the conduct for which he or she was arrested.” 775 ILCS …

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