Chicago ban-the-box rules for employers (2026): Human Rights Ordinance section 6-10-054, the notices and Illinois law

Chicago's ban-the-box rule is section 6-10-054 of the Chicago Human Rights Ordinance. As of November 2026 it bars every employer with one or more employees that holds a Chicago business license or has a facility in the city from asking about or using arrest records, and lets it use a conviction only on one of four grounds, after weighing six factors and sending a written preliminary notice with at least five business days to respond. Since a 2023 rewrite, the city section no longer says when the question may be asked; for employers with 15 or more employees and for agencies, the Illinois Job Opportunities for Qualified Applicants Act sets that. The Chicago Commission on Human Relations enforces the city rule, with fines of $5,000 to $10,000 per offense.

What is Chicago's ban-the-box rule?

Section 6-10-054, "Criminal history," sits in chapter 6-10 of the Municipal Code, the general human rights chapter, and section 6-10-030 lists criminal history among the protected classes in employment. The code's history note shows it was added on November 5, 2014 and last amended in 2023. It has four parts:

• (a) Arrest records: employers "shall not inquire into or use arrest record" in any employment decision.
• (b) Conviction records: may not be used against a person unless one of four grounds applies.
• (c) Factors: six factors the employer must weigh for the two judgment-based grounds.
• (d) Notices: a written preliminary decision, a response period of at least five business days, and a written final decision.

Our Illinois ban-the-box page covers the two state statutes that apply alongside it; this page gives the city procedure.

What changed in 2023?

City Council passed Ordinance O2023-1329 on April 19, 2023, the City Clerk's record shows it signed by the Mayor later that month, and it took effect on passage and publication. The Commission's criminal history flyer says the expanded protections took effect in April 2023 and reach current employees and "all phases of the employment process including recruitment, hiring, promotion, renewal of employment, selection for training, discharge, discipline, different terms and conditions, and tenure." The ordinance:

• deleted the city's own timing rule, which had barred employers not covered by the state Act, including the City, from asking until the applicant was found qualified and selected for an interview, or until a conditional offer;
• added the arrest record ban and the conviction record grounds, factors and notices, which track the Illinois Human Rights Act;
• defined "arrest record" to include "(1) an arrest not leading to a conviction; (2) a juvenile record; or (3) criminal history record information ordered, expunged, sealed, or impounded under Section 5.2 of the Criminal Identification Act," and "conviction record" to cover felonies, misdemeanors and other offenses, probation, fines, imprisonment and parole.

Who does section 6-10-054 cover?

• Employers of any size, with a Chicago link. Section 6-10-020 defines an employer as anyone that "provides employment for one or more employees in the current or preceding calendar year, and any agent of such an entity or person." For section 6-10-054 it must also hold a license under Title 4 of the Code, maintain a business facility in the city, or both. "The City of Chicago qualifies as an employer."
• Employees working in Chicago. An employee is someone "engaged to work within the geographical boundaries of the City of Chicago." The code does not address remote roles directly, so treat anyone who will work in the city, including from home there, as covered.
• Employment agencies. Section 6-10-030 says no employment agency shall discriminate in "classification, processing, referral or recommendation for employment" because of criminal history "within the meaning of Section 6-10-054." An agency is anyone that "undertakes to procure employees or opportunities to work."
• Applicants and current employees. The rules cover recruitment and hiring through discipline and discharge.

When can a Chicago employer ask about criminal history?

For an employer with fewer than 15 employees, neither the city section nor the state Act sets a timing rule for conviction questions, but arrest questions are barred at every stage by both section 6-10-054(a) and 775 ILCS 5/2-103. Most multi-state teams leave the question to the post-offer background check everywhere.

What can a Chicago employer consider?

Arrest records: nothing. Two narrow carve-outs in section 6-10-054(a):

• requesting or using sealed felony conviction information from the Illinois State Police under section 3 of the Criminal Identification Act, or under other state or federal laws that require criminal background checks; and
• using "other information which indicates that a person actually engaged in the conduct for which the individual was arrested."

Conviction records: only if one of these applies (section 6-10-054(b)):

1. applicable law excludes applicants with certain convictions from the position;
2. a standard fidelity bond or equivalent is required and the conviction would disqualify the applicant from it, in which case the employer may ask whether the applicant has been convicted of those offenses;
3. there is a "substantial relationship" between the offense and the job sought or held; or
4. the employment "would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public."

"Substantial relationship" means considering "whether the employment position offers the opportunity for the same or a similar offense to occur and whether the circumstances leading to the conduct for which the person was convicted will recur in the employment position."

How does the six-factor assessment work?

For grounds 3 and 4, section 6-10-054(c) requires the employer to consider:

1. the length of time since the conviction;
2. the number of convictions on the record;
3. the nature and severity of the conviction and its relationship to the safety and security of others;
4. the facts or circumstances surrounding the conviction;
5. the person's age at the time of the conviction; and
6. evidence of rehabilitation efforts.

Write down how each factor was weighed against the job's actual duties. The preliminary notice must state the employer's reasoning, so an assessment that was never written down cannot be explained in it.

What notices does Chicago require before a rejection?

1. Preliminary decision in writing (section 6-10-054(d)(1)), containing: notice of "the disqualifying conviction or convictions or anything else in the conviction record that is the basis for the preliminary decision and the employer's reasoning"; a copy of the conviction record, if any; and an explanation of the right to respond, telling the person the response may include evidence challenging the record's accuracy or "evidence in mitigation, such as rehabilitation."
2. Wait at least five business days before any final decision (section 6-10-054(d)(2)).
3. Consider what the person sends.
4. Final decision in writing if the record is still a reason (section 6-10-054(d)(3)): the disqualifying conviction and reasoning, any procedure the employer has to challenge the decision or ask for reconsideration, and "the right to file a complaint with the Commission."

The Illinois Human Rights Act's section 2-103.1 requires the same sequence but points the final notice to the Illinois Department of Human Rights. For a Chicago job, name both agencies in one final notice. If a screening company supplied the report, the FCRA's pre-adverse and adverse action notices also apply; send the FCRA pre-adverse notice with the preliminary decision. The federal steps are in the FCRA background check process, and email wording is in background check notification emails.

How are complaints and penalties handled?

• Filing. The Commission "must receive your complaint within 365 days of the incident," per its complaint filing page and Rules 210.110 and 210.120 of its rules booklet (updated September 14, 2023). Complaints go in person at 740 N. Sedgwick, Suite 400, online, by mail, email or fax; there is no fee.
• Fines. Section 6-10-120: "not less than $5,000.00 and not more than $10,000.00 for each offense," and "Every day that a violation shall continue shall constitute a separate and distinct offense."
• Licenses. A City licensee that violates the chapter may face license discipline under section 4-4-280.
• Relief. The Commission's Board of Commissioners rules on liability and relief, including attorney fees and costs (Rules 240.610 to 240.630).
• Retaliation. Section 6-10-100 bars retaliation against anyone who opposes discrimination or files, testifies or takes part in a proceeding.

How does Chicago's rule sit with Illinois law?

We found no clause in 820 ILCS 75 that limits home rule units, and section 6-10-110 says the chapter does not limit rights under state or federal law, so a Chicago employer follows both sets of rules. From January 1, 2027, the state Act also limits job postings that require a driver's license (820 ILCS 75/17, added by P.A. 104-776). Suburban Cook County has its own Human Rights Ordinance, which we did not review for this page. At the federal level, Title VII still applies, including 42 U.S.C. 2000e-2(k); the EEOC rescinded its 2012 arrest and conviction records guidance on October 28, 2026, but Chicago's and Illinois's assessment and notice steps are local and state law and are unaffected.

What should recruiters and staffing agencies do for Chicago jobs?

An agency is covered twice: by the state Act's timing rule, which names employment agencies, and by section 6-10-030 of the city code. Settle these points at intake:

• Screens and submittals: no arrest questions ever, and no conviction questions before the applicant is selected for an interview; keep anything volunteered out of notes and submittals (see what not to write in interview notes).
• Who decides: the party deciding whether to hire runs the six-factor assessment and sends the preliminary and final notices; on assignments where the agency is the employer, that is usually the agency, using the client's written job duties.
• FCRA: whoever orders the report and takes adverse action sends the FCRA notices, combined with the city and state notices.
• Job ads: drop "no felonies" or "clean record" language unless a law-based exclusion or bond requirement supports it.

Agency licensing is separate; see staffing agency licensing in Illinois. For the full state background check picture, see Illinois background check laws; to compare another large city's procedure, see our Philadelphia ban-the-box guide.

A copy-ready Chicago preliminary decision notice

Adapt the bracketed parts and have counsel review before use.

Notice of preliminary decision based on conviction record
Date: [date]. To: [name]. Position: [title].
We have made a preliminary decision that your conviction record disqualifies you from [the position / continued employment]. The conviction or other part of the record this is based on: [offense and date]. Our reasoning: [how the offense relates to the duties of this job, or the specific risk, after considering the time since the conviction, the number of convictions, the nature and severity of the offense, its circumstances, your age at the time, and evidence of rehabilitation]. A copy of the conviction record we used is enclosed.
This decision is not final. You have the right to respond before it becomes final. Your response may include evidence that the record is inaccurate, and evidence in mitigation, such as rehabilitation. Please send it to [name, email, address] by [date at least five business days from delivery].
We will consider what you send before deciding. If our final decision is still based on your conviction record, we will tell you in writing, including any procedure to ask us to reconsider, your right to file a complaint with the Chicago Commission on Human Relations, and your right to file a charge with the Illinois Department of Human Rights.

Chicago ban-the-box rules at a glance