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Public Act 103-0797 | ||||
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AN ACT concerning human rights. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Illinois Human Rights Act is amended by | ||||
changing Sections 2-101, 2-102, 2-104, and 6-101 as follows: | ||||
(775 ILCS 5/2-101) | ||||
Sec. 2-101. Definitions. The following definitions are | ||||
applicable strictly in the context of this Article. | ||||
(A) Employee. | ||||
(1) "Employee" includes: | ||||
(a) Any individual performing services for | ||||
remuneration within this State for an employer; | ||||
(b) An apprentice; | ||||
(c) An applicant for any apprenticeship. | ||||
For purposes of subsection (D) of Section 2-102 of | ||||
this Act, "employee" also includes an unpaid intern. An | ||||
unpaid intern is a person who performs work for an | ||||
employer under the following circumstances: | ||||
(i) the employer is not committed to hiring the | ||||
person performing the work at the conclusion of the | ||||
intern's tenure; | ||||
(ii) the employer and the person performing the | ||||
work agree that the person is not entitled to wages for |
the work performed; and | ||
(iii) the work performed: | ||
(I) supplements training given in an | ||
educational environment that may enhance the | ||
employability of the intern; | ||
(II) provides experience for the benefit of | ||
the person performing the work; | ||
(III) does not displace regular employees; | ||
(IV) is performed under the close supervision | ||
of existing staff; and | ||
(V) provides no immediate advantage to the | ||
employer providing the training and may | ||
occasionally impede the operations of the | ||
employer. | ||
(2) "Employee" does not include: | ||
(a) (Blank); | ||
(b) Individuals employed by persons who are not | ||
"employers" as defined by this Act; | ||
(c) Elected public officials or the members of | ||
their immediate personal staffs; | ||
(d) Principal administrative officers of the State | ||
or of any political subdivision, municipal corporation | ||
or other governmental unit or agency; | ||
(e) A person in a vocational rehabilitation | ||
facility certified under federal law who has been | ||
designated an evaluee, trainee, or work activity |
client. | ||
(B) Employer. | ||
(1) "Employer" includes: | ||
(a) Any person employing one or more employees | ||
within Illinois during 20 or more calendar weeks | ||
within the calendar year of or preceding the alleged | ||
violation; | ||
(b) Any person employing one or more employees | ||
when a complainant alleges civil rights violation due | ||
to unlawful discrimination based upon his or her | ||
physical or mental disability unrelated to ability, | ||
pregnancy, or sexual harassment; | ||
(c) The State and any political subdivision, | ||
municipal corporation or other governmental unit or | ||
agency, without regard to the number of employees; | ||
(d) Any party to a public contract without regard | ||
to the number of employees; | ||
(e) A joint apprenticeship or training committee | ||
without regard to the number of employees. | ||
(2) "Employer" does not include any place of worship, | ||
religious corporation, association, educational | ||
institution, society, or non-profit nursing institution | ||
conducted by and for those who rely upon treatment by | ||
prayer through spiritual means in accordance with the | ||
tenets of a recognized church or religious denomination | ||
with respect to the employment of individuals of a |
particular religion to perform work connected with the | ||
carrying on by such place of worship, corporation, | ||
association, educational institution, society or | ||
non-profit nursing institution of its activities. | ||
(C) Employment Agency. "Employment Agency" includes both | ||
public and private employment agencies and any person, labor | ||
organization, or labor union having a hiring hall or hiring | ||
office regularly undertaking, with or without compensation, to | ||
procure opportunities to work, or to procure, recruit, refer | ||
or place employees. | ||
(D) Labor Organization. "Labor Organization" includes any | ||
organization, labor union, craft union, or any voluntary | ||
unincorporated association designed to further the cause of | ||
the rights of union labor which is constituted for the | ||
purpose, in whole or in part, of collective bargaining or of | ||
dealing with employers concerning grievances, terms or | ||
conditions of employment, or apprenticeships or applications | ||
for apprenticeships, or of other mutual aid or protection in | ||
connection with employment, including apprenticeships or | ||
applications for apprenticeships. | ||
(E) Sexual Harassment. "Sexual harassment" means any | ||
unwelcome sexual advances or requests for sexual favors or any | ||
conduct of a sexual nature when (1) submission to such conduct | ||
is made either explicitly or implicitly a term or condition of | ||
an individual's employment, (2) submission to or rejection of | ||
such conduct by an individual is used as the basis for |
employment decisions affecting such individual, or (3) such | ||
conduct has the purpose or effect of substantially interfering | ||
with an individual's work performance or creating an | ||
intimidating, hostile or offensive working environment. | ||
For purposes of this definition, the phrase "working | ||
environment" is not limited to a physical location an employee | ||
is assigned to perform his or her duties. | ||
(E-1) Harassment. "Harassment" means any unwelcome conduct | ||
on the basis of an individual's actual or perceived race, | ||
color, religion, national origin, ancestry, age, sex, marital | ||
status, order of protection status, disability, military | ||
status, sexual orientation, pregnancy, unfavorable discharge | ||
from military service, citizenship status, or work | ||
authorization status , or family responsibilities that has the | ||
purpose or effect of substantially interfering with the | ||
individual's work performance or creating an intimidating, | ||
hostile, or offensive working environment. For purposes of | ||
this definition, the phrase "working environment" is not | ||
limited to a physical location an employee is assigned to | ||
perform his or her duties. | ||
(F) Religion. "Religion" with respect to employers | ||
includes all aspects of religious observance and practice, as | ||
well as belief, unless an employer demonstrates that he is | ||
unable to reasonably accommodate an employee's or prospective | ||
employee's religious observance or practice without undue | ||
hardship on the conduct of the employer's business. |
(G) Public Employer. "Public employer" means the State, an | ||
agency or department thereof, unit of local government, school | ||
district, instrumentality or political subdivision. | ||
(H) Public Employee. "Public employee" means an employee | ||
of the State, agency or department thereof, unit of local | ||
government, school district, instrumentality or political | ||
subdivision. "Public employee" does not include public | ||
officers or employees of the General Assembly or agencies | ||
thereof. | ||
(I) Public Officer. "Public officer" means a person who is | ||
elected to office pursuant to the Constitution or a statute or | ||
ordinance, or who is appointed to an office which is | ||
established, and the qualifications and duties of which are | ||
prescribed, by the Constitution or a statute or ordinance, to | ||
discharge a public duty for the State, agency or department | ||
thereof, unit of local government, school district, | ||
instrumentality or political subdivision. | ||
(J) Eligible Bidder. "Eligible bidder" means a person who, | ||
prior to contract award or prior to bid opening for State | ||
contracts for construction or construction-related services, | ||
has filed with the Department a properly completed, sworn and | ||
currently valid employer report form, pursuant to the | ||
Department's regulations. The provisions of this Article | ||
relating to eligible bidders apply only to bids on contracts | ||
with the State and its departments, agencies, boards, and | ||
commissions, and the provisions do not apply to bids on |
contracts with units of local government or school districts. | ||
(K) Citizenship Status. "Citizenship status" means the | ||
status of being: | ||
(1) a born U.S. citizen; | ||
(2) a naturalized U.S. citizen; | ||
(3) a U.S. national; or | ||
(4) a person born outside the United States and not a | ||
U.S. citizen who is lawfully present and who is protected | ||
from discrimination under the provisions of Section 1324b | ||
of Title 8 of the United States Code, as now or hereafter | ||
amended. | ||
(L) Work Authorization Status. "Work authorization status" | ||
means the status of being a person born outside of the United | ||
States, and not a U.S. citizen, who is authorized by the | ||
federal government to work in the United States. | ||
(M) Family Responsibilities. "Family responsibilities" | ||
means an employee's actual or perceived provision of personal | ||
care to a family member. As used in this definition: | ||
(1)"Personal care" has the meaning given to that term | ||
in the Employee Sick Leave Act. | ||
(2) "Family member" has the meaning given to the term | ||
"covered family member" in the Employee Sick Leave Act. | ||
(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | ||
102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. | ||
5-27-22.) |
(775 ILCS 5/2-102) (from Ch. 68, par. 2-102) | ||
Sec. 2-102. Civil rights violations - employment. It is a | ||
civil rights violation: | ||
(A) Employers. For any employer to refuse to hire, to | ||
segregate, to engage in harassment as defined in | ||
subsection (E-1) of Section 2-101, or to act with respect | ||
to recruitment, hiring, promotion, renewal of employment, | ||
selection for training or apprenticeship, discharge, | ||
discipline, tenure or terms, privileges or conditions of | ||
employment on the basis of unlawful discrimination, | ||
citizenship status, or work authorization status , or | ||
family responsibilities . An employer is responsible for | ||
harassment by the employer's nonmanagerial and | ||
nonsupervisory employees only if the employer becomes | ||
aware of the conduct and fails to take reasonable | ||
corrective measures. | ||
(A-5) Language. For an employer to impose a | ||
restriction that has the effect of prohibiting a language | ||
from being spoken by an employee in communications that | ||
are unrelated to the employee's duties. | ||
For the purposes of this subdivision (A-5), "language" | ||
means a person's native tongue, such as Polish, Spanish, | ||
or Chinese. "Language" does not include such things as | ||
slang, jargon, profanity, or vulgarity. | ||
(A-10) Harassment of nonemployees. For any employer, | ||
employment agency, or labor organization to engage in |
harassment of nonemployees in the workplace. An employer | ||
is responsible for harassment of nonemployees by the | ||
employer's nonmanagerial and nonsupervisory employees only | ||
if the employer becomes aware of the conduct and fails to | ||
take reasonable corrective measures. For the purposes of | ||
this subdivision (A-10), "nonemployee" means a person who | ||
is not otherwise an employee of the employer and is | ||
directly performing services for the employer pursuant to | ||
a contract with that employer. "Nonemployee" includes | ||
contractors and consultants. This subdivision applies to | ||
harassment occurring on or after the effective date of | ||
this amendatory Act of the 101st General Assembly. | ||
(B) Employment agency. For any employment agency to | ||
fail or refuse to classify properly, accept applications | ||
and register for employment referral or apprenticeship | ||
referral, refer for employment, or refer for | ||
apprenticeship on the basis of unlawful discrimination, | ||
citizenship status, or work authorization status , or | ||
family responsibilities or to accept from any person any | ||
job order, requisition or request for referral of | ||
applicants for employment or apprenticeship which makes or | ||
has the effect of making unlawful discrimination or | ||
discrimination on the basis of citizenship status or work | ||
authorization status , or family responsibilities a | ||
condition of referral. | ||
(C) Labor organization. For any labor organization to |
limit, segregate or classify its membership, or to limit | ||
employment opportunities, selection and training for | ||
apprenticeship in any trade or craft, or otherwise to | ||
take, or fail to take, any action which affects adversely | ||
any person's status as an employee or as an applicant for | ||
employment or as an apprentice, or as an applicant for | ||
apprenticeships, or wages, tenure, hours of employment or | ||
apprenticeship conditions on the basis of unlawful | ||
discrimination, citizenship status, or work authorization | ||
status , or family responsibilities . | ||
(D) Sexual harassment. For any employer, employee, | ||
agent of any employer, employment agency or labor | ||
organization to engage in sexual harassment; provided, | ||
that an employer shall be responsible for sexual | ||
harassment of the employer's employees by nonemployees or | ||
nonmanagerial and nonsupervisory employees only if the | ||
employer becomes aware of the conduct and fails to take | ||
reasonable corrective measures. | ||
(D-5) Sexual harassment of nonemployees. For any | ||
employer, employee, agent of any employer, employment | ||
agency, or labor organization to engage in sexual | ||
harassment of nonemployees in the workplace. An employer | ||
is responsible for sexual harassment of nonemployees by | ||
the employer's nonmanagerial and nonsupervisory employees | ||
only if the employer becomes aware of the conduct and | ||
fails to take reasonable corrective measures. For the |
purposes of this subdivision (D-5), "nonemployee" means a | ||
person who is not otherwise an employee of the employer | ||
and is directly performing services for the employer | ||
pursuant to a contract with that employer. "Nonemployee" | ||
includes contractors and consultants. This subdivision | ||
applies to sexual harassment occurring on or after the | ||
effective date of this amendatory Act of the 101st General | ||
Assembly. | ||
(E) Public employers. For any public employer to | ||
refuse to permit a public employee under its jurisdiction | ||
who takes time off from work in order to practice his or | ||
her religious beliefs to engage in work, during hours | ||
other than such employee's regular working hours, | ||
consistent with the operational needs of the employer and | ||
in order to compensate for work time lost for such | ||
religious reasons. Any employee who elects such deferred | ||
work shall be compensated at the wage rate which he or she | ||
would have earned during the originally scheduled work | ||
period. The employer may require that an employee who | ||
plans to take time off from work in order to practice his | ||
or her religious beliefs provide the employer with a | ||
notice of his or her intention to be absent from work not | ||
exceeding 5 days prior to the date of absence. | ||
(E-5) Religious discrimination. For any employer to | ||
impose upon a person as a condition of obtaining or | ||
retaining employment, including opportunities for |
promotion, advancement, or transfer, any terms or | ||
conditions that would require such person to violate or | ||
forgo a sincerely held practice of his or her religion | ||
including, but not limited to, the wearing of any attire, | ||
clothing, or facial hair in accordance with the | ||
requirements of his or her religion, unless, after | ||
engaging in a bona fide effort, the employer demonstrates | ||
that it is unable to reasonably accommodate the employee's | ||
or prospective employee's sincerely held religious belief, | ||
practice, or observance without undue hardship on the | ||
conduct of the employer's business. | ||
Nothing in this Section prohibits an employer from | ||
enacting a dress code or grooming policy that may include | ||
restrictions on attire, clothing, or facial hair to | ||
maintain workplace safety or food sanitation. | ||
(F) Training and apprenticeship programs. For any | ||
employer, employment agency or labor organization to | ||
discriminate against a person on the basis of age in the | ||
selection, referral for or conduct of apprenticeship or | ||
training programs. | ||
(G) Immigration-related practices. | ||
(1) for an employer to request for purposes of | ||
satisfying the requirements of Section 1324a(b) of | ||
Title 8 of the United States Code, as now or hereafter | ||
amended, more or different documents than are required | ||
under such Section or to refuse to honor documents |
tendered that on their face reasonably appear to be | ||
genuine or to refuse to honor work authorization based | ||
upon the specific status or term of status that | ||
accompanies the authorization to work; or | ||
(2) for an employer participating in the E-Verify | ||
Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | ||
Programs for Employment Eligibility Confirmation | ||
(enacted by PL 104-208, div. C title IV, subtitle A) to | ||
refuse to hire, to segregate, or to act with respect to | ||
recruitment, hiring, promotion, renewal of employment, | ||
selection for training or apprenticeship, discharge, | ||
discipline, tenure or terms, privileges or conditions | ||
of employment without following the procedures under | ||
the E-Verify Program. | ||
(H) (Blank). | ||
(I) Pregnancy. For an employer to refuse to hire, to | ||
segregate, or to act with respect to recruitment, hiring, | ||
promotion, renewal of employment, selection for training | ||
or apprenticeship, discharge, discipline, tenure or terms, | ||
privileges or conditions of employment on the basis of | ||
pregnancy, childbirth, or medical or common conditions | ||
related to pregnancy or childbirth. Women affected by | ||
pregnancy, childbirth, or medical or common conditions | ||
related to pregnancy or childbirth shall be treated the | ||
same for all employment-related purposes, including | ||
receipt of benefits under fringe benefit programs, as |
other persons not so affected but similar in their ability | ||
or inability to work, regardless of the source of the | ||
inability to work or employment classification or status. | ||
(J) Pregnancy; reasonable accommodations. | ||
(1) If after a job applicant or employee, | ||
including a part-time, full-time, or probationary | ||
employee, requests a reasonable accommodation, for an | ||
employer to not make reasonable accommodations for any | ||
medical or common condition of a job applicant or | ||
employee related to pregnancy or childbirth, unless | ||
the employer can demonstrate that the accommodation | ||
would impose an undue hardship on the ordinary | ||
operation of the business of the employer. The | ||
employer may request documentation from the employee's | ||
health care provider concerning the need for the | ||
requested reasonable accommodation or accommodations | ||
to the same extent documentation is requested for | ||
conditions related to disability if the employer's | ||
request for documentation is job-related and | ||
consistent with business necessity. The employer may | ||
require only the medical justification for the | ||
requested accommodation or accommodations, a | ||
description of the reasonable accommodation or | ||
accommodations medically advisable, the date the | ||
reasonable accommodation or accommodations became | ||
medically advisable, and the probable duration of the |
reasonable accommodation or accommodations. It is the | ||
duty of the individual seeking a reasonable | ||
accommodation or accommodations to submit to the | ||
employer any documentation that is requested in | ||
accordance with this paragraph. Notwithstanding the | ||
provisions of this paragraph, the employer may require | ||
documentation by the employee's health care provider | ||
to determine compliance with other laws. The employee | ||
and employer shall engage in a timely, good faith, and | ||
meaningful exchange to determine effective reasonable | ||
accommodations. | ||
(2) For an employer to deny employment | ||
opportunities or benefits to or take adverse action | ||
against an otherwise qualified job applicant or | ||
employee, including a part-time, full-time, or | ||
probationary employee, if the denial or adverse action | ||
is based on the need of the employer to make reasonable | ||
accommodations to the known medical or common | ||
conditions related to the pregnancy or childbirth of | ||
the applicant or employee. | ||
(3) For an employer to require a job applicant or | ||
employee, including a part-time, full-time, or | ||
probationary employee, affected by pregnancy, | ||
childbirth, or medical or common conditions related to | ||
pregnancy or childbirth to accept an accommodation | ||
when the applicant or employee did not request an |
accommodation and the applicant or employee chooses | ||
not to accept the employer's accommodation. | ||
(4) For an employer to require an employee, | ||
including a part-time, full-time, or probationary | ||
employee, to take leave under any leave law or policy | ||
of the employer if another reasonable accommodation | ||
can be provided to the known medical or common | ||
conditions related to the pregnancy or childbirth of | ||
an employee. No employer shall fail or refuse to | ||
reinstate the employee affected by pregnancy, | ||
childbirth, or medical or common conditions related to | ||
pregnancy or childbirth to her original job or to an | ||
equivalent position with equivalent pay and | ||
accumulated seniority, retirement, fringe benefits, | ||
and other applicable service credits upon her | ||
signifying her intent to return or when her need for | ||
reasonable accommodation ceases, unless the employer | ||
can demonstrate that the accommodation would impose an | ||
undue hardship on the ordinary operation of the | ||
business of the employer. | ||
For the purposes of this subdivision (J), "reasonable | ||
accommodations" means reasonable modifications or | ||
adjustments to the job application process or work | ||
environment, or to the manner or circumstances under which | ||
the position desired or held is customarily performed, | ||
that enable an applicant or employee affected by |
pregnancy, childbirth, or medical or common conditions | ||
related to pregnancy or childbirth to be considered for | ||
the position the applicant desires or to perform the | ||
essential functions of that position, and may include, but | ||
is not limited to: more frequent or longer bathroom | ||
breaks, breaks for increased water intake, and breaks for | ||
periodic rest; private non-bathroom space for expressing | ||
breast milk and breastfeeding; seating; assistance with | ||
manual labor; light duty; temporary transfer to a less | ||
strenuous or hazardous position; the provision of an | ||
accessible worksite; acquisition or modification of | ||
equipment; job restructuring; a part-time or modified work | ||
schedule; appropriate adjustment or modifications of | ||
examinations, training materials, or policies; | ||
reassignment to a vacant position; time off to recover | ||
from conditions related to childbirth; and leave | ||
necessitated by pregnancy, childbirth, or medical or | ||
common conditions resulting from pregnancy or childbirth. | ||
For the purposes of this subdivision (J), "undue | ||
hardship" means an action that is prohibitively expensive | ||
or disruptive when considered in light of the following | ||
factors: (i) the nature and cost of the accommodation | ||
needed; (ii) the overall financial resources of the | ||
facility or facilities involved in the provision of the | ||
reasonable accommodation, the number of persons employed | ||
at the facility, the effect on expenses and resources, or |
the impact otherwise of the accommodation upon the | ||
operation of the facility; (iii) the overall financial | ||
resources of the employer, the overall size of the | ||
business of the employer with respect to the number of its | ||
employees, and the number, type, and location of its | ||
facilities; and (iv) the type of operation or operations | ||
of the employer, including the composition, structure, and | ||
functions of the workforce of the employer, the geographic | ||
separateness, administrative, or fiscal relationship of | ||
the facility or facilities in question to the employer. | ||
The employer has the burden of proving undue hardship. The | ||
fact that the employer provides or would be required to | ||
provide a similar accommodation to similarly situated | ||
employees creates a rebuttable presumption that the | ||
accommodation does not impose an undue hardship on the | ||
employer. | ||
No employer is required by this subdivision (J) to | ||
create additional employment that the employer would not | ||
otherwise have created, unless the employer does so or | ||
would do so for other classes of employees who need | ||
accommodation. The employer is not required to discharge | ||
any employee, transfer any employee with more seniority, | ||
or promote any employee who is not qualified to perform | ||
the job, unless the employer does so or would do so to | ||
accommodate other classes of employees who need it. | ||
(K) Notice. |
(1) For an employer to fail to post or keep posted | ||
in a conspicuous location on the premises of the | ||
employer where notices to employees are customarily | ||
posted, or fail to include in any employee handbook | ||
information concerning an employee's rights under this | ||
Article, a notice, to be prepared or approved by the | ||
Department, summarizing the requirements of this | ||
Article and information pertaining to the filing of a | ||
charge, including the right to be free from unlawful | ||
discrimination, the right to be free from sexual | ||
harassment, and the right to certain reasonable | ||
accommodations. The Department shall make the | ||
documents required under this paragraph available for | ||
retrieval from the Department's website. | ||
(2) Upon notification of a violation of paragraph | ||
(1) of this subdivision (K), the Department may launch | ||
a preliminary investigation. If the Department finds a | ||
violation, the Department may issue a notice to show | ||
cause giving the employer 30 days to correct the | ||
violation. If the violation is not corrected, the | ||
Department may initiate a charge of a civil rights | ||
violation. | ||
(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.) | ||
(775 ILCS 5/2-104) (from Ch. 68, par. 2-104) | ||
Sec. 2-104. Exemptions. |
(A) Nothing contained in this Act shall prohibit an | ||
employer, employment agency, or labor organization from: | ||
(1) Bona Fide Qualification. Hiring or selecting | ||
between persons for bona fide occupational qualifications | ||
or any reason except those civil-rights violations | ||
specifically identified in this Article. | ||
(2) Veterans. Giving preferential treatment to | ||
veterans and their relatives as required by the laws or | ||
regulations of the United States or this State or a unit of | ||
local government, or pursuant to a private employer's | ||
voluntary veterans' preference employment policy | ||
authorized by the Veterans Preference in Private | ||
Employment Act. | ||
(3) Unfavorable Discharge From Military Service. | ||
(a) Using unfavorable discharge from military | ||
service as a valid employment criterion when | ||
authorized by federal law or regulation or when a | ||
position of employment involves the exercise of | ||
fiduciary responsibilities as defined by rules and | ||
regulations which the Department shall adopt; or | ||
(b) Participating in a bona fide recruiting | ||
incentive program, sponsored by a branch of the United | ||
States Armed Forces, a reserve component of the United | ||
States Armed Forces, or any National Guard or Naval | ||
Militia, where participation in the program is limited | ||
by the sponsoring branch based upon the service |
member's discharge status. | ||
(4) Ability Tests. Giving or acting upon the results | ||
of any professionally developed ability test provided that | ||
such test, its administration, or action upon the results, | ||
is not used as a subterfuge for or does not have the effect | ||
of unlawful discrimination. | ||
(5) Merit and Retirement Systems. | ||
(a) Applying different standards of compensation, | ||
or different terms, conditions or privileges of | ||
employment pursuant to a merit or retirement system | ||
provided that such system or its administration is not | ||
used as a subterfuge for or does not have the effect of | ||
unlawful discrimination. | ||
(b) Effecting compulsory retirement of any | ||
employee who has attained 65 years of age and who, for | ||
the 2-year period immediately preceding retirement, is | ||
employed in a bona fide executive or a high | ||
policymaking position, if such employee is entitled to | ||
an immediate nonforfeitable annual retirement benefit | ||
from a pension, profit-sharing, savings, or deferred | ||
compensation plan, or any combination of such plans of | ||
the employer of such employee, which equals, in the | ||
aggregate, at least $44,000. If any such retirement | ||
benefit is in a form other than a straight life annuity | ||
(with no ancillary benefits) or if the employees | ||
contribute to any such plan or make rollover |
contributions, the retirement benefit shall be | ||
adjusted in accordance with regulations prescribed by | ||
the Department, so that the benefit is the equivalent | ||
of a straight life annuity (with no ancillary | ||
benefits) under a plan to which employees do not | ||
contribute and under which no rollover contributions | ||
are made. | ||
(c) Until January 1, 1994, effecting compulsory | ||
retirement of any employee who has attained 70 years | ||
of age, and who is serving under a contract of | ||
unlimited tenure (or similar arrangement providing for | ||
unlimited tenure) at an institution of higher | ||
education as defined by Section 1201(a) of the Higher | ||
Education Act of 1965. | ||
(6) Training and Apprenticeship programs. Establishing | ||
an educational requirement as a prerequisite to selection | ||
for a training or apprenticeship program, provided such | ||
requirement does not operate to discriminate on the basis | ||
of any prohibited classification except age. | ||
(7) Police and Firefighter/Paramedic Retirement. | ||
Imposing a mandatory retirement age for | ||
firefighters/paramedics or law enforcement officers and | ||
discharging or retiring such individuals pursuant to the | ||
mandatory retirement age if such action is taken pursuant | ||
to a bona fide retirement plan provided that the law | ||
enforcement officer or firefighter/paramedic has attained: |
(a) the age of retirement in effect under | ||
applicable State or local law on March 3, 1983; or | ||
(b) if the applicable State or local law was | ||
enacted after the date of enactment of the federal Age | ||
Discrimination in Employment Act Amendments of 1996 | ||
(P.L. 104-208), the age of retirement in effect on the | ||
date of such discharge under such law. | ||
This paragraph (7) shall not apply with respect to any | ||
cause of action arising under the Illinois Human Rights | ||
Act as in effect prior to the effective date of this | ||
amendatory Act of 1997. | ||
(8) Police and Firefighter/Paramedic Appointment. | ||
Failing or refusing to hire any individual because of such | ||
individual's age if such action is taken with respect to | ||
the employment of an individual as a firefighter/paramedic | ||
or as a law enforcement officer and the individual has | ||
attained: | ||
(a) the age of hiring or appointment in effect | ||
under applicable State or local law on March 3, 1983; | ||
or | ||
(b) the age of hiring in effect on the date of such | ||
failure or refusal to hire under applicable State or | ||
local law enacted after the date of enactment of the | ||
federal Age Discrimination in Employment Act | ||
Amendments of 1996 (P.L. 104-208). | ||
As used in paragraph (7) or (8): |
"Firefighter/paramedic" means an employee, the duties | ||
of whose position are primarily to perform work directly | ||
connected with the control and extinguishment of fires or | ||
the maintenance and use of firefighting apparatus and | ||
equipment, or to provide emergency medical services, | ||
including an employee engaged in this activity who is | ||
transferred to a supervisory or administrative position. | ||
"Law enforcement officer" means an employee, the | ||
duties of whose position are primarily the investigation, | ||
apprehension, or detention of individuals suspected or | ||
convicted of criminal offenses, including an employee | ||
engaged in this activity who is transferred to a | ||
supervisory or administrative position. | ||
(9) Citizenship Status. Making legitimate distinctions | ||
based on citizenship status if specifically authorized or | ||
required by State or federal law. | ||
(B) With respect to any employee who is subject to a | ||
collective bargaining agreement: | ||
(a) which is in effect on June 30, 1986, | ||
(b) which terminates after January 1, 1987, | ||
(c) any provision of which was entered into by a labor | ||
organization as defined by Section 6(d)(4) of the Fair | ||
Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and | ||
(d) which contains any provision that would be | ||
superseded by Public Act 85-748, | ||
Public Act 85-748 shall not apply until the termination of |
such collective bargaining agreement or January 1, 1990, | ||
whichever occurs first. | ||
(C)(1) For purposes of this Act, the term "disability" | ||
shall not include any employee or applicant who is currently | ||
engaging in the illegal use of drugs, when an employer acts on | ||
the basis of such use. | ||
(2) Paragraph (1) shall not apply where an employee or | ||
applicant for employment: | ||
(a) has successfully completed a supervised drug | ||
rehabilitation program and is no longer engaging in the | ||
illegal use of drugs, or has otherwise been rehabilitated | ||
successfully and is no longer engaging in such use; | ||
(b) is participating in a supervised rehabilitation | ||
program and is no longer engaging in such use; or | ||
(c) is erroneously regarded as engaging in such use, | ||
but is not engaging in such use. | ||
It shall not be a violation of this Act for an employer to | ||
adopt or administer reasonable policies or procedures, | ||
including but not limited to drug testing, designed to ensure | ||
that an individual described in subparagraph (a) or (b) is no | ||
longer engaging in the illegal use of drugs. | ||
(3) An employer: | ||
(a) may prohibit the illegal use of drugs and the use | ||
of alcohol at the workplace by all employees; | ||
(b) may require that employees shall not be under the | ||
influence of alcohol or be engaging in the illegal use of |
drugs at the workplace; | ||
(c) may require that employees behave in conformance | ||
with the requirements established under the federal | ||
Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) | ||
and the Drug Free Workplace Act; | ||
(d) may hold an employee who engages in the illegal | ||
use of drugs or who is an alcoholic to the same | ||
qualification standards for employment or job performance | ||
and behavior that such employer holds other employees, | ||
even if any unsatisfactory performance or behavior is | ||
related to the drug use or alcoholism of such employee; | ||
and | ||
(e) may, with respect to federal regulations regarding | ||
alcohol and the illegal use of drugs, require that: | ||
(i) employees comply with the standards | ||
established in such regulations of the United States | ||
Department of Defense, if the employees of the | ||
employer are employed in an industry subject to such | ||
regulations, including complying with regulations (if | ||
any) that apply to employment in sensitive positions | ||
in such an industry, in the case of employees of the | ||
employer who are employed in such positions (as | ||
defined in the regulations of the Department of | ||
Defense); | ||
(ii) employees comply with the standards | ||
established in such regulations of the Nuclear |
Regulatory Commission, if the employees of the | ||
employer are employed in an industry subject to such | ||
regulations, including complying with regulations (if | ||
any) that apply to employment in sensitive positions | ||
in such an industry, in the case of employees of the | ||
employer who are employed in such positions (as | ||
defined in the regulations of the Nuclear Regulatory | ||
Commission); and | ||
(iii) employees comply with the standards | ||
established in such regulations of the United States | ||
Department of Transportation, if the employees of the | ||
employer are employed in a transportation industry | ||
subject to such regulations, including complying with | ||
such regulations (if any) that apply to employment in | ||
sensitive positions in such an industry, in the case | ||
of employees of the employer who are employed in such | ||
positions (as defined in the regulations of the United | ||
States Department of Transportation). | ||
(4) For purposes of this Act, a test to determine the | ||
illegal use of drugs shall not be considered a medical | ||
examination. Nothing in this Act shall be construed to | ||
encourage, prohibit, or authorize the conducting of drug | ||
testing for the illegal use of drugs by job applicants or | ||
employees or making employment decisions based on such test | ||
results. | ||
(5) Nothing in this Act shall be construed to encourage, |
prohibit, restrict, or authorize the otherwise lawful exercise | ||
by an employer subject to the jurisdiction of the United | ||
States Department of Transportation of authority to: | ||
(a) test employees of such employer in, and applicants | ||
for, positions involving safety-sensitive duties for the | ||
illegal use of drugs and for on-duty impairment by | ||
alcohol; and | ||
(b) remove such persons who test positive for illegal | ||
use of drugs and on-duty impairment by alcohol pursuant to | ||
subparagraph (a) from safety-sensitive duties in | ||
implementing paragraph (3). | ||
(D) Nothing contained in this Act shall require an | ||
employer to sponsor, either monetarily or otherwise, any | ||
applicant or employee to obtain or modify work authorization | ||
status, unless otherwise required by federal law. | ||
(E) Nothing contained in this Act may be construed to | ||
obligate an employer, employment agency, or labor organization | ||
to make accommodations or modifications to reasonable | ||
workplace rules or policies for an employee based on family | ||
responsibilities, including accommodations or modifications | ||
related to leave, scheduling, productivity, attendance, | ||
absenteeism, timeliness, work performance, referrals from a | ||
labor union hiring hall, and benefits, as long as its rules or | ||
policies are applied in accordance with this Act. Further, | ||
nothing contained in this Act prevents an employer from taking | ||
adverse action or otherwise enforcing reasonable workplace |
rules or policies related to leave, scheduling, productivity, | ||
attendance, absenteeism, timeliness, work performance, | ||
referrals from a labor union hiring hall, and benefits against | ||
an employee with family responsibilities as long as its | ||
policies are applied in accordance with this Act. | ||
(Source: P.A. 102-233, eff. 8-2-21.) | ||
(775 ILCS 5/6-101) (from Ch. 68, par. 6-101) | ||
(Text of Section before amendment by P.A. 103-472 ) | ||
Sec. 6-101. Additional civil rights violations under | ||
Articles 2, 4, 5, and 5A. It is a civil rights violation for a | ||
person, or for 2 or more persons, to conspire to: | ||
(A) Retaliation. Retaliate against a person because he | ||
or she has opposed that which he or she reasonably and in | ||
good faith believes to be unlawful discrimination, sexual | ||
harassment in employment, sexual harassment in elementary, | ||
secondary, and higher education, or discrimination based | ||
on arrest record, citizenship status, or work | ||
authorization status , or family responsibilities in | ||
employment under Articles 2, 4, 5, and 5A, because he or | ||
she has made a charge, filed a complaint, testified, | ||
assisted, or participated in an investigation, proceeding, | ||
or hearing under this Act, or because he or she has | ||
requested, attempted to request, used, or attempted to use | ||
a reasonable accommodation as allowed by this Act; | ||
(B) Aiding and Abetting; Coercion. Aid, abet, compel, |
or coerce a person to commit any violation of this Act; | ||
(C) Interference. Wilfully interfere with the | ||
performance of a duty or the exercise of a power by the | ||
Commission or one of its members or representatives or the | ||
Department or one of its officers or employees. | ||
Definitions. For the purposes of this Section, "sexual | ||
harassment", "citizenship status", and "work authorization | ||
status" , and "family responsibilities" shall have the same | ||
meaning as defined in Section 2-101 of this Act. | ||
(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; | ||
102-813, eff. 5-13-22.) | ||
(Text of Section after amendment by P.A. 103-472 ) | ||
Sec. 6-101. Additional civil rights violations under | ||
Articles 2, 4, 5, 5A, and 6. It is a civil rights violation for | ||
a person, or for 2 or more persons, to conspire to: | ||
(A) Retaliation. Retaliate against a person because | ||
that person has: | ||
(i) opposed or reported conduct that the person | ||
reasonably and in good faith believes to be prohibited | ||
under Articles 2, 4, 5, 5A, and 6; | ||
(ii) made a charge, filed a complaint, testified, | ||
assisted, or participated in an investigation, | ||
proceeding, or hearing under this Act; or | ||
(iii) requested, attempted to request, used, or | ||
attempted to use a reasonable accommodation as allowed |
by this Act; | ||
(B) Aiding and Abetting; Coercion. Aid, abet, compel, | ||
or coerce a person to commit any violation of this Act; | ||
(C) Interference. Wilfully interfere with the | ||
performance of a duty or the exercise of a power by the | ||
Commission or one of its members or representatives or the | ||
Department or one of its officers or employees. | ||
(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; | ||
102-813, eff. 5-13-22; 103-472, eff. 8-1-24.) |