Background Check Error Lawsuits in Illinois

Illinois has strong limits on how employers use criminal records. The Job Opportunities for Qualified Applicants Act applies to private employers with 15 or more employees and to employment agencies. These employers may not ask about or consider criminal history until the applicant has been found qualified and chosen for an interview. If there is no interview, they must wait until after a conditional offer. Exceptions apply where federal or state law bars people with certain convictions from the job.

The Illinois Human Rights Act adds more. Section 2-103.1, in effect since 2021, makes it a civil rights violation to use a conviction record to reject or fire someone unless the conviction is substantially related to the job or poses an unreasonable risk to property or safety. The employer must weigh factors such as the time since the offense and evidence of rehabilitation. It must give notice and allow at least five business days to respond, including to dispute an inaccurate record. These rules work alongside the federal FCRA, which requires a copy of any background report before adverse action.

For renters in Cook County, the Just Housing Amendment to the Cook County Human Rights Ordinance limits criminal history screening. Landlords must first prequalify applicants on income, credit and rental history. Only then may they run a criminal check, and they may not consider arrests without conviction or convictions more than three years old. They must do an individualized assessment, give the applicant a copy of the report, and allow five business days to dispute it.

Where Illinois FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Illinois are heard in 3 federal districts:

Northern District of IllinoisCourthouses: Chicago, Rockford.Our attorneys are admitted here
Central District of IllinoisCourthouses: Peoria, Rock Island, Springfield, Urbana.Filed with local or cooperating counsel
Southern District of IllinoisCourthouses: Benton, East St. Louis.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Illinois laws that add to the FCRA

Job Opportunities for Qualified Applicants Act (820 ILCS 75/1 et seq.)
Private employers with 15 or more employees, and employment agencies, may not ask about criminal history until an applicant is deemed qualified and selected for an interview, or until a conditional offer if there is no interview. Exceptions apply to jobs where law bars people with certain convictions. The Illinois Department of Labor enforces it. Read it
Illinois Human Rights Act, conviction record protections (775 ILCS 5/2-103.1)
Employers may not use a conviction record as a basis for an adverse decision unless there is a substantial relationship to the job or an unreasonable risk to property or safety, after weighing listed factors. The employer must notify the person and give at least five business days to respond before a final decision. Read it
Employee Credit Privacy Act (820 ILCS 70/1 et seq.)
Limits employers' use of credit history and credit reports in hiring and employment decisions, unless a satisfactory credit history is a bona fide occupational requirement of the position. Read it
Cook County Just Housing Amendment (Cook County Human Rights Ordinance § 42-38 (Ord. No. 19-2394))
In Cook County, housing providers may not consider arrests without conviction or convictions more than three years old. They may run a criminal check only after prequalifying the applicant, must do an individualized assessment, and must allow the applicant to dispute the report. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

When can an Illinois employer ask about my criminal record?

If the employer has 15 or more employees, it generally must wait until you have been found qualified and selected for an interview, or until a conditional offer if there is no interview. Some jobs are exempt where state or federal law bars people with certain convictions. Under the Illinois Human Rights Act, the employer must also follow a notice process before rejecting you based on a conviction.

What should I do if an Illinois employer says my background check shows a conviction that is not mine?

The Illinois Human Rights Act gives you at least five business days after notice to dispute the accuracy of the record. Under the FCRA, you can also dispute the error directly with the background check company, which must reinvestigate. A report that attributes someone else's record to you may support an FCRA claim.

Can a Cook County landlord deny me because of an old conviction?

Under the Just Housing Amendment, a Cook County landlord may not consider convictions more than three years old or arrests without conviction. For a recent conviction, the landlord must do an individualized assessment and show that denial is necessary to protect against a clear risk to safety or property. Some exceptions apply, such as current sex offender registration.

How long do I have to file an FCRA lawsuit in Illinois?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.