Target guide explains Illinois Employee Background Fairness Act restrictions on criminal records

Overview The Employee Background Fairness Act, commonly referenced as SB 1480, was folded into the 2021 amendments to the Illinois Human Rights Act and changes what employers in Illinois may consider when assessing criminal-history records. For Target hiring managers, store leaders, and HR partners working in Illinois, the law reshapes routine screening and discipline decisions by restricting blanket exclusions and imposing procedural restraints on how criminal records are evaluated.

What the law covers SB 1480 applies to employment decisions including hiring, promotion, and certain disciplinary actions when an employer relies on criminal-history information. The statute is part of the Illinois Human Rights Act amendments enacted in 2021, and it is aimed at preventing automatic disqualification based solely on a conviction or arrest record. The law does not simply tell employers to ignore criminal history; it narrows the circumstances under which records may be used and requires a more fact-specific inquiry.

What employers may not do Under SB 1480, employers may not adopt categorical policies that automatically bar applicants or current team members from consideration solely because of a criminal record. Employers must also be cautious about relying on arrests that did not result in conviction and on records that are sealed or expunged. The practical effect for Target locations in Illinois is that blanket "no-hire" lists or automatic disqualification for certain offenses are legally risky.

What employers must do instead The statute pushes employers toward individualized assessments: reviewing the nature and seriousness of the offense, the time that has elapsed since the offense, and the relevance of the conviction to the specific job duties. Employers should document that analysis and consider any explanation an applicant or team member provides. The law requires that the decision not be reflexive but reasoned and job-related.

How this changes Target hiring and onboarding in Illinois Target hires hourly team members and salaried managers across stores, supply chain sites, and corporate offices in Illinois. That footprint means compliance must be consistent across recruiting channels, applicant tracking systems, and site-level HR processes. Avoiding legal exposure will require coordination between local store leaders and Target People and Culture teams to ensure automated screening tools do not apply blanket exclusions and that hiring managers receive the individualized assessment information they need.

Practical steps for managers and HR partners

• Centralize decision support through Target’s HR channels, such as the Team Member Services hub, so managers are not making isolated legal judgments.
• When a criminal record surfaces, pause automated actions and route the case to HR for an individualized assessment that documents relevance to the role.
• Train managers on the prohibited practices under SB 1480 and on how to evaluate time elapsed, offense severity, and job-relatedness.

These steps reduce inconsistent outcomes and the legal risk of discriminatory practice.

What team members and applicants should know If you have a criminal record and are applying or already working at Target in Illinois, SB 1480 gives you stronger protection against automatic rejection. You can and should provide context about an offense when given the opportunity to respond. If Target takes an adverse action based on your background, the individualized nature of the law means you should receive a reasoned explanation and a chance to address inaccuracies or mitigating factors.

Recordkeeping, audits, and technology To comply, Target should maintain records that show the individualized basis for decisions involving criminal-history information. That includes documenting the offense reviewed, why it is job-related or not, and any applicant response that was considered. Audit trails are particularly important if background checks are run through third-party vendors; vendors and applicant tracking systems must be configured to avoid automatic exclusion rules that conflict with SB 1480.

Training and policy updates Target’s policy materials and manager training must reflect the 2021 amendments to the Illinois Human Rights Act and SB 1480 language. Training should be scenario-based so store leaders and HR business partners can see how to apply the three principal factors - nature of the offense, elapsed time, and job relevance - in routine cases. Regular refreshers will be necessary to keep practices aligned across the company’s Illinois footprint.

Enforcement risk and consequences Noncompliance can expose Target to administrative or civil complaints under Illinois law and create reputational risk among workers and community stakeholders. For company leaders thinking about operational consistency, the safest path is clear: stop using blanket criminal-history rules in Illinois, document individualized analyses, and centralize sensitive decisions in HR channels that can ensure legal alignment.

A final note for Target leaders and team members SB 1480, the 2021 amendment to the Illinois Human Rights Act, shifts decision-making from automatic exclusion to an individualized, documented process. For Target’s managers and HR partners in Illinois, that means slowing down routine screening, using Target’s centralized HR tools for guidance, and ensuring every adverse decision tied to criminal history is justified by job-related facts and recorded analysis. Compliance will protect the company legally and create fairer outcomes for applicants and team members.