SimplyHR | Employment & Labor Blog 

On March 23, 2021, Illinois Gov. J.B. Pritzker signed into law Senate Bill 1480, the Employee Background Fairness Act. This impacts Illinois employers because it imposes new obligations under the Illinois Human Rights Act (IHRA) on the way they can use criminal convictions to assess employment eligibility for applicants and current employees. It also imposes new reporting and registration requirements concerning employee demographics under the Illinois Business Corporation Act (IBCA) and the Illinois Equal Pay Act (IEPA) and creates new whistleblower anti-retaliation protections under the IEPA.

2018 was a relatively quiet year in federal employment law developments, but the stage is set for a much more active 2019. Below is a summary of major federal employment law headlines and a look at what employers can expect in 2019.

For Missouri and Illinois employers, a review of 2018 state updates and a look forward at 2019 can be found here.

The United States District Court for the Northern District of California recently dismissed a proposed class action alleging that LinkedIn was a Consumer Reporting Agency (“CSA”) under the Fair Credit Reporting Act (“FCRA”) and violated the law when it provided an online feature that allows businesses to check applicants’ references on the site without the applicants’ knowledge. Sweet v. LinkedIn Corp., 5:14-cv-04531-PSG (N.D. Cal. April 14, 2015). The Plaintiffs unsuccessfully argued that the site’s “Reference Search” feature produced “Consumer Reports” (“CR”) under the law.