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2.4 Rejection or Disqualification

Manual: Examination Procedures

Subsection: Admission of Applicants

  1. Factors Justifying Rejection/Disqualification
    The DER may consider the following factors to refuse to examine an applicant or after examination to disqualify an applicant from employment.  Please note that any provision of this procedure or the application thereof, must be considered in conjunction with other federal or state laws, rules or regulations and shall not be deemed to nullify or modify any additional responsibilities required of an employer when considering whether to reject or disqualify an applicant.
    • The applicant fails to pass a physical examination given to determine his or her physical qualifications for employment.
    • The applicant uses intoxicating beverages to excess or uses nar­cotics.  There must be a current pattern of alcohol or substance abuse such as reporting to work in a drugged or intoxicated state, consuming intoxicating beverages on the job, or taking drugs which are illegal or which would impair the employee’s ability to perform his or her job.
    • The applicant has been dismissed from either private or public service for a cause detrimental to his or her employment.
    • The applicant has maintained an unsatisfactory employment record such as evidenced by the results of a documented reference check.  Unsatisfactory performance may include, but is not limited to, a history of unstable work such as short terms of employment over the applicant’s employment history, incompetence, inability, carelessness, negligence, and disregard for an employer’s property, procedures, or code of conduct when performing assignments within his or her job classification.  
    • The applicant has practiced a knowing deception or fraud in his or her application, examination or ma­terial relating to the application, including submitting false information, omitting information, impersonation, cheating, collusion or willfully furnishing to any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person to be examined.      
    • The applicant has committed an offense, which in the judgment of the DER, disqualifies him or her for employment.  For example the applicant has a documented felony or misdemeanor conviction and the DER finds that a relationship exists between the given bona fide occupational qualifications and the grounds for conviction.  A criminal record does not necessarily disqualify an applicant from employment.  Each applicant's conviction record must be evaluated on a case by case basis considering the type and seriousness of the crime, how much time has elapsed since the conviction, and the nature of the new employment position.  Pursuant to Public Act 93-0211, effective January 1, 2004, (20 ILCS 2630/12 (a)) and Public Act 93-0912, effective August 12, 2004, (705 ILCS 405/5-915 (8a)), respectively, applicants seeking employment are not obligated to disclose an arrest or conviction record that has been expunged or sealed, nor an expunged juvenile record.  Employers may not ask if an applicant has had records expunged or sealed.  These Public Acts do not apply to law enforcement agencies, the Department of Corrections, State’s Attorneys or other prosecutors. 
    • The DER discovers an error in the processing of admission of an applicant.
  2. Review Process
    Each employer should establish a policy to review refusals to examine or disqualification actions. The decision to disqualify an applicant must be supported by persuasive and reliable evidence, such as a background check or reference check. The DER should promptly notify the applicant of the disqualification, the reason for which it is based, and the right to question or protest such disqualification. A written notification (e-mail qualifies as written notice) of disqualification must be provided to the applicant.
  3. Removal from Register
    If the examination has been graded and placed on the register, the applicant's name and score should be removed from the register in accordance with sections 250.50(c) and 250.60(g)(3) of the Illinois Administrative Code (Ill. Adm. Code §250.50(c) and §250.60(g)(3)) (see section 1.4 of the Employment Procedures Manual).

Corrected 7/22/2009