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1 | | regulations which the Department shall adopt ; or . |
2 | | (b) Participating in a bona fide recruiting |
3 | | incentive program, sponsored by a branch of the United |
4 | | States Armed Forces, a reserve component of the United |
5 | | States Armed Forces, or any National Guard or Naval |
6 | | Militia, where participation in the program is limited |
7 | | by the sponsoring branch based upon the service |
8 | | member's discharge status.
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9 | | (4) Ability Tests. Giving or acting upon the results of |
10 | | any
professionally developed ability test provided that |
11 | | such test, its
administration, or action upon the results, |
12 | | is not used as a subterfuge
for or does not have the effect |
13 | | of unlawful discrimination.
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14 | | (5) Merit and Retirement Systems.
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15 | | (a) Applying different standards of compensation, |
16 | | or different
terms, conditions or privileges of |
17 | | employment pursuant to a merit or
retirement system |
18 | | provided that such system or its administration is not
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19 | | used as a subterfuge for or does not have the effect of |
20 | | unlawful
discrimination.
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21 | | (b) Effecting compulsory retirement of any |
22 | | employee who has
attained 65 years of age and who, for |
23 | | the 2-year period immediately
preceding retirement, is |
24 | | employed in a bona fide executive or a high
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25 | | policymaking position, if such employee is entitled to |
26 | | an immediate
nonforfeitable annual retirement benefit |
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1 | | from a pension, profit-sharing,
savings, or deferred |
2 | | compensation plan, or any combination of such plans of
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3 | | the employer of such employee, which equals, in the |
4 | | aggregate, at least
$44,000. If any such retirement |
5 | | benefit is in a form other than a straight
life annuity |
6 | | (with no ancillary benefits) or if the employees |
7 | | contribute to
any such plan or make rollover |
8 | | contributions, the retirement benefit shall
be |
9 | | adjusted in accordance with regulations prescribed by |
10 | | the Department, so
that the benefit is the equivalent |
11 | | of a straight life annuity (with no
ancillary benefits) |
12 | | under a plan to which employees do not contribute and
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13 | | under which no rollover contributions are made.
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14 | | (c) Until January 1, 1994, effecting compulsory |
15 | | retirement of any
employee who has attained 70 years of |
16 | | age, and who is serving under a
contract of unlimited |
17 | | tenure (or similar arrangement providing for
unlimited |
18 | | tenure) at an institution of higher education as |
19 | | defined by
Section 1201(a) of the Higher Education Act |
20 | | of 1965.
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21 | | (6) Training and Apprenticeship programs. Establishing |
22 | | an educational
requirement as a prerequisite to selection |
23 | | for a training or apprenticeship
program, provided such |
24 | | requirement does not operate to discriminate on the
basis |
25 | | of any prohibited classification except age.
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26 | | (7) Police and Firefighter/Paramedic Retirement. |
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1 | | Imposing a mandatory
retirement age for |
2 | | firefighters/paramedics or law enforcement officers
and
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3 | | discharging or retiring such individuals pursuant to the |
4 | | mandatory retirement
age if such action is taken pursuant |
5 | | to a bona fide retirement plan provided
that the law |
6 | | enforcement officer or firefighter/paramedic
has attained:
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7 | | (a) the age of retirement in effect under |
8 | | applicable State or local
law
on
March 3, 1983; or
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9 | | (b) if the applicable State or local law was |
10 | | enacted
after the date of enactment of the federal Age |
11 | | Discrimination in Employment
Act
Amendments of 1996 |
12 | | (P.L. 104-208),
the age of retirement in effect on the |
13 | | date of such discharge
under
such law.
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14 | | This paragraph (7) shall not apply with respect to
any |
15 | | cause of action arising under the Illinois Human Rights Act |
16 | | as in
effect prior to the effective date of this amendatory |
17 | | Act of 1997.
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18 | | (8) Police and Firefighter/Paramedic Appointment. |
19 | | Failing or
refusing to hire any individual because of such
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20 | | individual's age if such action is taken with respect to |
21 | | the employment of
an individual as a firefighter/paramedic |
22 | | or as a law enforcement officer
and the individual has |
23 | | attained:
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24 | | (a) the age of hiring or appointment in effect
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25 | | under applicable State or local law on March 3,
1983; |
26 | | or
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1 | | (b) the age of hiring in effect on the date of such |
2 | | failure or refusal
to
hire under applicable State or |
3 | | local law enacted after the date of
enactment of the |
4 | | federal Age Discrimination in Employment Act |
5 | | Amendments of
1996 (P.L. 104-208).
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6 | | As used in paragraph (7) or (8):
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7 | | "Firefighter/paramedic" means an employee, the duties |
8 | | of whose
position are primarily to perform work directly |
9 | | connected with the control
and extinguishment of fires or |
10 | | the maintenance and use of firefighting
apparatus and |
11 | | equipment, or to provide emergency medical services,
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12 | | including an employee engaged in this activity who is |
13 | | transferred to a
supervisory or administrative position.
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14 | | "Law enforcement officer" means an employee, the |
15 | | duties of whose
position are primarily the investigation, |
16 | | apprehension, or detention of
individuals suspected or |
17 | | convicted of criminal offenses, including an
employee |
18 | | engaged in this activity who is transferred to a |
19 | | supervisory or
administrative position.
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20 | | (9) Citizenship Status. Making legitimate distinctions |
21 | | based on
citizenship status if specifically authorized or |
22 | | required by State or federal
law.
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23 | | (B) With respect to any employee who is subject to a |
24 | | collective
bargaining agreement:
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25 | | (a) which is in effect on June 30, 1986,
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26 | | (b) which terminates after January 1, 1987,
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1 | | (c) any provision of which was entered into by a labor |
2 | | organization as
defined by Section 6(d)(4) of the Fair |
3 | | Labor Standards Act of 1938 (29
U.S.C. 206(d)(4)), and
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4 | | (d) which contains any provision that would be |
5 | | superseded by this
amendatory Act of 1987 (Public Act |
6 | | 85-748),
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7 | | such amendatory Act of 1987 shall not apply until the |
8 | | termination of such
collective bargaining agreement or January |
9 | | 1, 1990, whichever occurs first.
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10 | | (C)(1) For purposes of this Act, the term "disability" |
11 | | shall not include
any employee or applicant who is currently |
12 | | engaging in the illegal use of
drugs, when an employer acts on |
13 | | the basis of such use.
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14 | | (2) Paragraph (1) shall not apply where an employee or |
15 | | applicant for
employment:
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16 | | (a) has successfully completed a supervised drug |
17 | | rehabilitation program
and is no longer engaging in the |
18 | | illegal use of drugs, or has otherwise been
rehabilitated |
19 | | successfully and is no longer engaging in such use;
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20 | | (b) is participating in a supervised rehabilitation |
21 | | program and is no
longer engaging in such use; or
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22 | | (c) is erroneously regarded as engaging in such use, |
23 | | but is not engaging
in such use.
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24 | | It shall not be a violation of this Act for an employer to |
25 | | adopt or
administer reasonable policies or procedures, |
26 | | including but not limited to drug
testing, designed to ensure |
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1 | | that an individual described in subparagraph (a) or
(b) is no |
2 | | longer engaging in the illegal use of drugs.
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3 | | (3) An employer:
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4 | | (a) may prohibit the illegal use of drugs and the use |
5 | | of alcohol at the
workplace by all employees;
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6 | | (b) may require that employees shall not be under the |
7 | | influence of alcohol
or be engaging in the illegal use of |
8 | | drugs at the workplace;
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9 | | (c) may require that employees behave in conformance |
10 | | with the requirements
established under the federal |
11 | | Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et
seq.) and |
12 | | the Drug Free Workplace Act;
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13 | | (d) may hold an employee who engages in the illegal use |
14 | | of drugs or who is
an alcoholic to the same qualification |
15 | | standards for employment or job
performance and behavior |
16 | | that such employer holds other employees, even if any
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17 | | unsatisfactory performance or behavior is related to the |
18 | | drug use or alcoholism
of such employee; and
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19 | | (e) may, with respect to federal regulations regarding |
20 | | alcohol and the
illegal use of drugs, require that:
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21 | | (i) employees comply with the standards |
22 | | established in such regulations
of the United States |
23 | | Department of Defense, if the employees of the employer
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24 | | are employed in an industry subject to such |
25 | | regulations, including complying
with regulations (if |
26 | | any) that apply to employment in sensitive positions in
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1 | | such an industry, in the case of employees of the |
2 | | employer who are employed in
such positions (as defined |
3 | | in the regulations of the Department of Defense);
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4 | | (ii) employees comply with the standards |
5 | | established in such regulations
of the Nuclear |
6 | | Regulatory Commission, if the employees of the |
7 | | employer are
employed in an industry subject to such |
8 | | regulations, including complying with
regulations (if |
9 | | any) that apply to employment in sensitive positions in |
10 | | such an
industry, in the case of employees of the |
11 | | employer who are employed in such
positions (as defined |
12 | | in the regulations of the Nuclear Regulatory |
13 | | Commission);
and
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14 | | (iii) employees comply with the standards |
15 | | established in such
regulations of the United States |
16 | | Department of Transportation, if the employees
of the |
17 | | employer are employed in a transportation industry |
18 | | subject to such
regulations, including complying with |
19 | | such regulations (if any) that apply to
employment in |
20 | | sensitive positions in such an industry, in the case of |
21 | | employees
of the employer who are employed in such |
22 | | positions (as defined in the
regulations of the United |
23 | | States Department of Transportation).
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24 | | (4) For purposes of this Act, a test to determine the |
25 | | illegal use of drugs
shall not be considered a medical |
26 | | examination. Nothing in this Act shall be
construed to |
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1 | | encourage, prohibit, or authorize the conducting of drug |
2 | | testing
for the illegal use of drugs by job applicants or |
3 | | employees or making
employment decisions based on such test |
4 | | results.
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5 | | (5) Nothing in this Act shall be construed to encourage, |
6 | | prohibit, restrict,
or authorize the otherwise lawful exercise |
7 | | by an employer subject to the
jurisdiction of the United States |
8 | | Department of Transportation of authority to:
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9 | | (a) test employees of such employer in, and applicants |
10 | | for, positions
involving safety-sensitive duties for the |
11 | | illegal use of drugs and for
on-duty impairment by alcohol; |
12 | | and
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13 | | (b) remove such persons who test positive for illegal |
14 | | use of drugs and
on-duty impairment by alcohol pursuant to |
15 | | subparagraph (a) from
safety-sensitive duties in |
16 | | implementing paragraph (3).
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17 | | (Source: P.A. 97-877, eff. 8-2-12.)
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18 | | Section 99. Effective date. This Act takes effect upon |
19 | | becoming law.
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