b) The prohibition in Subsection A of this section does not prevent an inquiry or employment action if a satisfactory credit history is an established bona fide occupational requirement of the particular position or a particular group of Employees. A satisfactory credit history is not a bona fide occupational qualification unless at least one (1) of the following circumstances is present:

The Illinois Right to Privacy in the Workplace Act ("IRPWA" or "Act") was recently amended to expand the protections afforded to employees in Illinois. The amendments to the Act take effect January 1, 2017, and the potential for employer liability will increase under the amendments. Consequently, Illinois employers should educate their human resources and managerial personnel and review their company policies and interview practices with experienced employment counsel to best ensure compliance prior to that date.

Currently, as it relates to internet and social media use, the IRPWA prohibits employers from requesting or requiring that a job applicant or employee disclose a password or "other related account information" for their account or profile on a "social networking website." The current version of the Act specifically excludes email from the definition of a "social networking website." The Act also currently allows employers to gain access to employees' "professional accounts," a/k/a accounts used, created, or maintained for the business purposes of the employer.