The state of Illinois has added a new box to their Job Opportunities for Qualified Applicants Act or what is commonly known as ban-the-box. Effective January 1, 2027, Illinois employers will be prohibited from listing a requirement for a valid driver’s license in job postings. This applies to employers with 15 or more employees either in the current year or during the previous year.

The only exception from the prohibition is if driving is an essential function of the position and driving is a business necessity. When a position meets these requirements, the job posting must also include a brief explanation as to why a driver’s license is required for the position.

Preferring applicants to have a valid driver’s license is no longer reason enough to list the requirement in a job posting. Companies who list the requirement when the position does not meet the requirements will expose themselves not only to enforcement actions by the Illinois Department of Labor (IDOL) but also to civil penalties they may impose.

The amount of the penalties increases as the number of violations increase.

For the 1st violation the IDOL issues a written warning, and the employer has 30 days to correct the violation without incurring a civil penalty. A correction may be removing the requirement for a valid driver’s license or updating the job posting to list why a valid driver’s license is required for the position.

For the 2nd violation a civil penalty of up to $500 may be imposed. This penalty may also apply if the violation has not been corrected within 60 days after notice of the violation was given.

For the 3rd violation a civil penalty up to $1,500 may be imposed. This penalty may also apply if the violation has not been corrected within 60 days after notice of the violation was given.

For any subsequent violations additional civil penalties of up to $1,500 may be imposed for each subsequent violation. If the violation has not been corrected for 90 days after notice of the violation the employer may also face additional penalties of up to $1,500 for each additional 30-day period in which the violation remains uncorrected.

As always, employers should review their position descriptions and all job postings regarding those positions to ensure a requirement for a valid driver’s license is only included when the requirement is both an essential function of the position and is a business necessity.

All staff involved with the positions, position descriptions, job postings, interviewing, hiring, etc. must be trained on the new requirement to ensure compliance with the new law.

Sources: PBSA weekly newsletter; jdsupra.com; ilga.gov