Illinois General Assembly - Full Text of HB3122
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Full Text of HB3122  99th General Assembly




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1    AN ACT concerning veterans.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Veterans Preference in Private Employment Act.
6    Section 5. Purpose. The General Assembly intends to
7establish a permissive preference in private employment for
8certain veterans.
9    Section 10. Definitions. As used in this Act:
10    "Armed forces of the United States" means the United States
11Army, Marine Corps, Navy, Air Force, and Coast Guard, or the
12reserve component of any of those, and includes the Illinois
13National Guard.
14    "Private employer" means any non-public sole proprietor,
15corporation, partnership, limited liability company, or other
16private, non-public entity employing one or more employees
17within Illinois.
18    "Veteran" means an individual who meets one or more of the
20        (1) has served on active duty with the armed forces of
21    the United States for a period of more than 180 days and
22    was discharged or released from active duty under



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1    conditions other than dishonorable;
2        (2) was discharged or released from active duty with
3    the armed forces of the United States because of a
4    service-connected disability; or
5        (3) is a member of the Illinois National Guard who has
6    never been deployed but separated under conditions other
7    than dishonorable as noted on the individual's NGB-22
8    discharge form.
9    "Veterans' preference employment policy" means a private
10employer's voluntary preference for hiring, promoting, or
11retaining a veteran over another equally qualified applicant or
13    Section 15. Veterans' preference employment policy. A
14private employer may adopt and apply a voluntary veterans'
15preference employment policy if:
16        (1) the veterans' preference employment policy is in
17    writing;
18        (2) the veterans' preference employment policy is
19    publicly posted by the private employer at the place of
20    employment or on any website maintained by the private
21    employer;
22        (3) the private employer's job application informs all
23    applicants of the veterans' preference employment policy
24    and where the policy may be obtained; and
25        (4) the private employer applies the veterans'



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1    preference employment policy uniformly for all employment
2    decisions regarding the hiring or promotion of veterans or
3    the retention of veterans during a reduction in force.
4    Section 20. Verification of eligibility. A private
5employer who maintains a veterans' preference employment
6policy pursuant to Section 15 of this Act may require and rely
7on an applicant's or employee's Department of Defense
8DD214/DD215 forms or their predecessor or successor forms, an
9applicant's or employee's NGB-22 discharge form or its
10predecessor or successor forms (if a member of the National
11Guard), and a U.S. Department of Veterans Affairs award letter
12(if the applicant or employee is claiming a service-connected
13disability) to establish eligibility for such policy.
14    Section 25. The Illinois Human Rights Act is amended by
15changing Section 2-104 as follows:
16    (775 ILCS 5/2-104)  (from Ch. 68, par. 2-104)
17    Sec. 2-104. Exemptions.
18    (A) Nothing contained in this Act shall prohibit an
19employer, employment agency or labor organization from:
20        (1) Bona Fide Qualification. Hiring or selecting
21    between persons for bona fide occupational qualifications
22    or any reason except those civil-rights violations
23    specifically identified in this Article.



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1        (2) Veterans. Giving preferential treatment to
2    veterans and their relatives as required by the laws or
3    regulations of the United States or this State or a unit of
4    local government, or pursuant to a private employer's
5    voluntary veterans' preference employment policy
6    authorized by the Veterans Preference in Private
7    Employment Act.
8        (3) Unfavorable Discharge From Military Service. Using
9    unfavorable discharge from military service as a valid
10    employment criterion when authorized by federal law or
11    regulation or when a position of employment involves the
12    exercise of fiduciary responsibilities as defined by rules
13    and regulations which the Department shall adopt.
14        (4) Ability Tests. Giving or acting upon the results of
15    any professionally developed ability test provided that
16    such test, its administration, or action upon the results,
17    is not used as a subterfuge for or does not have the effect
18    of unlawful discrimination.
19        (5) Merit and Retirement Systems.
20            (a) Applying different standards of compensation,
21        or different terms, conditions or privileges of
22        employment pursuant to a merit or retirement system
23        provided that such system or its administration is not
24        used as a subterfuge for or does not have the effect of
25        unlawful discrimination.
26            (b) Effecting compulsory retirement of any



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1        employee who has attained 65 years of age and who, for
2        the 2-year period immediately preceding retirement, is
3        employed in a bona fide executive or a high
4        policymaking position, if such employee is entitled to
5        an immediate nonforfeitable annual retirement benefit
6        from a pension, profit-sharing, savings, or deferred
7        compensation plan, or any combination of such plans of
8        the employer of such employee, which equals, in the
9        aggregate, at least $44,000. If any such retirement
10        benefit is in a form other than a straight life annuity
11        (with no ancillary benefits) or if the employees
12        contribute to any such plan or make rollover
13        contributions, the retirement benefit shall be
14        adjusted in accordance with regulations prescribed by
15        the Department, so that the benefit is the equivalent
16        of a straight life annuity (with no ancillary benefits)
17        under a plan to which employees do not contribute and
18        under which no rollover contributions are made.
19            (c) Until January 1, 1994, effecting compulsory
20        retirement of any employee who has attained 70 years of
21        age, and who is serving under a contract of unlimited
22        tenure (or similar arrangement providing for unlimited
23        tenure) at an institution of higher education as
24        defined by Section 1201(a) of the Higher Education Act
25        of 1965.
26        (6) Training and Apprenticeship programs. Establishing



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1    an educational requirement as a prerequisite to selection
2    for a training or apprenticeship program, provided such
3    requirement does not operate to discriminate on the basis
4    of any prohibited classification except age.
5        (7) Police and Firefighter/Paramedic Retirement.
6    Imposing a mandatory retirement age for
7    firefighters/paramedics or law enforcement officers and
8    discharging or retiring such individuals pursuant to the
9    mandatory retirement age if such action is taken pursuant
10    to a bona fide retirement plan provided that the law
11    enforcement officer or firefighter/paramedic has attained:
12            (a) the age of retirement in effect under
13        applicable State or local law on March 3, 1983; or
14            (b) if the applicable State or local law was
15        enacted after the date of enactment of the federal Age
16        Discrimination in Employment Act Amendments of 1996
17        (P.L. 104-208), the age of retirement in effect on the
18        date of such discharge under such law.
19        This paragraph (7) shall not apply with respect to any
20    cause of action arising under the Illinois Human Rights Act
21    as in effect prior to the effective date of this amendatory
22    Act of 1997.
23        (8) Police and Firefighter/Paramedic Appointment.
24    Failing or refusing to hire any individual because of such
25    individual's age if such action is taken with respect to
26    the employment of an individual as a firefighter/paramedic



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1    or as a law enforcement officer and the individual has
2    attained:
3            (a) the age of hiring or appointment in effect
4        under applicable State or local law on March 3, 1983;
5        or
6            (b) the age of hiring in effect on the date of such
7        failure or refusal to hire under applicable State or
8        local law enacted after the date of enactment of the
9        federal Age Discrimination in Employment Act
10        Amendments of 1996 (P.L. 104-208).
11        As used in paragraph (7) or (8):
12         "Firefighter/paramedic" means an employee, the duties
13    of whose position are primarily to perform work directly
14    connected with the control and extinguishment of fires or
15    the maintenance and use of firefighting apparatus and
16    equipment, or to provide emergency medical services,
17    including an employee engaged in this activity who is
18    transferred to a supervisory or administrative position.
19         "Law enforcement officer" means an employee, the
20    duties of whose position are primarily the investigation,
21    apprehension, or detention of individuals suspected or
22    convicted of criminal offenses, including an employee
23    engaged in this activity who is transferred to a
24    supervisory or administrative position.
25        (9) Citizenship Status. Making legitimate distinctions
26    based on citizenship status if specifically authorized or



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1    required by State or federal law.
2    (B) With respect to any employee who is subject to a
3collective bargaining agreement:
4        (a) which is in effect on June 30, 1986,
5        (b) which terminates after January 1, 1987,
6        (c) any provision of which was entered into by a labor
7    organization as defined by Section 6(d)(4) of the Fair
8    Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and
9        (d) which contains any provision that would be
10    superseded by this amendatory Act of 1987 (Public Act
11    85-748),
12such amendatory Act of 1987 shall not apply until the
13termination of such collective bargaining agreement or January
141, 1990, whichever occurs first.
15    (C)(1) For purposes of this Act, the term "disability"
16shall not include any employee or applicant who is currently
17engaging in the illegal use of drugs, when an employer acts on
18the basis of such use.
19    (2) Paragraph (1) shall not apply where an employee or
20applicant for employment:
21        (a) has successfully completed a supervised drug
22    rehabilitation program and is no longer engaging in the
23    illegal use of drugs, or has otherwise been rehabilitated
24    successfully and is no longer engaging in such use;
25        (b) is participating in a supervised rehabilitation
26    program and is no longer engaging in such use; or



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1        (c) is erroneously regarded as engaging in such use,
2    but is not engaging in such use.
3    It shall not be a violation of this Act for an employer to
4adopt or administer reasonable policies or procedures,
5including but not limited to drug testing, designed to ensure
6that an individual described in subparagraph (a) or (b) is no
7longer engaging in the illegal use of drugs.
8    (3) An employer:
9        (a) may prohibit the illegal use of drugs and the use
10    of alcohol at the workplace by all employees;
11        (b) may require that employees shall not be under the
12    influence of alcohol or be engaging in the illegal use of
13    drugs at the workplace;
14        (c) may require that employees behave in conformance
15    with the requirements established under the federal
16    Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and
17    the Drug Free Workplace Act;
18        (d) may hold an employee who engages in the illegal use
19    of drugs or who is an alcoholic to the same qualification
20    standards for employment or job performance and behavior
21    that such employer holds other employees, even if any
22    unsatisfactory performance or behavior is related to the
23    drug use or alcoholism of such employee; and
24        (e) may, with respect to federal regulations regarding
25    alcohol and the illegal use of drugs, require that:
26            (i) employees comply with the standards



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1        established in such regulations of the United States
2        Department of Defense, if the employees of the employer
3        are employed in an industry subject to such
4        regulations, including complying with regulations (if
5        any) that apply to employment in sensitive positions in
6        such an industry, in the case of employees of the
7        employer who are employed in such positions (as defined
8        in the regulations of the Department of Defense);
9            (ii) employees comply with the standards
10        established in such regulations of the Nuclear
11        Regulatory Commission, if the employees of the
12        employer are employed in an industry subject to such
13        regulations, including complying with regulations (if
14        any) that apply to employment in sensitive positions in
15        such an industry, in the case of employees of the
16        employer who are employed in such positions (as defined
17        in the regulations of the Nuclear Regulatory
18        Commission); and
19            (iii) employees comply with the standards
20        established in such regulations of the United States
21        Department of Transportation, if the employees of the
22        employer are employed in a transportation industry
23        subject to such regulations, including complying with
24        such regulations (if any) that apply to employment in
25        sensitive positions in such an industry, in the case of
26        employees of the employer who are employed in such



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1        positions (as defined in the regulations of the United
2        States Department of Transportation).
3    (4) For purposes of this Act, a test to determine the
4illegal use of drugs shall not be considered a medical
5examination. Nothing in this Act shall be construed to
6encourage, prohibit, or authorize the conducting of drug
7testing for the illegal use of drugs by job applicants or
8employees or making employment decisions based on such test
10    (5) Nothing in this Act shall be construed to encourage,
11prohibit, restrict, or authorize the otherwise lawful exercise
12by an employer subject to the jurisdiction of the United States
13Department of Transportation of authority to:
14        (a) test employees of such employer in, and applicants
15    for, positions involving safety-sensitive duties for the
16    illegal use of drugs and for on-duty impairment by alcohol;
17    and
18        (b) remove such persons who test positive for illegal
19    use of drugs and on-duty impairment by alcohol pursuant to
20    subparagraph (a) from safety-sensitive duties in
21    implementing paragraph (3).
22(Source: P.A. 97-877, eff. 8-2-12.)