Full Text of HB2161 103rd General Assembly
HB2161eng 103RD GENERAL ASSEMBLY | | | HB2161 Engrossed | | LRB103 04925 LNS 49935 b |
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| 1 | | AN ACT concerning human rights. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 2-101, 2-102, 2-104, and 6-101 as follows: | 6 | | (775 ILCS 5/2-101) | 7 | | Sec. 2-101. Definitions. The following definitions are | 8 | | applicable strictly in the context of this Article. | 9 | | (A) Employee. | 10 | | (1) "Employee" includes: | 11 | | (a) Any individual performing services for | 12 | | remuneration within this State for an employer; | 13 | | (b) An apprentice; | 14 | | (c) An applicant for any apprenticeship. | 15 | | For purposes of subsection (D) of Section 2-102 of | 16 | | this Act, "employee" also includes an unpaid intern. An | 17 | | unpaid intern is a person who performs work for an | 18 | | employer under the following circumstances: | 19 | | (i) the employer is not committed to hiring the | 20 | | person performing the work at the conclusion of the | 21 | | intern's tenure; | 22 | | (ii) the employer and the person performing the | 23 | | work agree that the person is not entitled to wages for |
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| 1 | | the work performed; and | 2 | | (iii) the work performed: | 3 | | (I) supplements training given in an | 4 | | educational environment that may enhance the | 5 | | employability of the intern; | 6 | | (II) provides experience for the benefit of | 7 | | the person performing the work; | 8 | | (III) does not displace regular employees; | 9 | | (IV) is performed under the close supervision | 10 | | of existing staff; and | 11 | | (V) provides no immediate advantage to the | 12 | | employer providing the training and may | 13 | | occasionally impede the operations of the | 14 | | employer. | 15 | | (2) "Employee" does not include: | 16 | | (a) (Blank); | 17 | | (b) Individuals employed by persons who are not | 18 | | "employers" as defined by this Act; | 19 | | (c) Elected public officials or the members of | 20 | | their immediate personal staffs; | 21 | | (d) Principal administrative officers of the State | 22 | | or of any political subdivision, municipal corporation | 23 | | or other governmental unit or agency; | 24 | | (e) A person in a vocational rehabilitation | 25 | | facility certified under federal law who has been | 26 | | designated an evaluee, trainee, or work activity |
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| 1 | | client. | 2 | | (B) Employer. | 3 | | (1) "Employer" includes: | 4 | | (a) Any person employing one or more employees | 5 | | within Illinois during 20 or more calendar weeks | 6 | | within the calendar year of or preceding the alleged | 7 | | violation; | 8 | | (b) Any person employing one or more employees | 9 | | when a complainant alleges civil rights violation due | 10 | | to unlawful discrimination based upon his or her | 11 | | physical or mental disability unrelated to ability, | 12 | | pregnancy, or sexual harassment; | 13 | | (c) The State and any political subdivision, | 14 | | municipal corporation or other governmental unit or | 15 | | agency, without regard to the number of employees; | 16 | | (d) Any party to a public contract without regard | 17 | | to the number of employees; | 18 | | (e) A joint apprenticeship or training committee | 19 | | without regard to the number of employees. | 20 | | (2) "Employer" does not include any place of worship, | 21 | | religious corporation, association, educational | 22 | | institution, society, or non-profit nursing institution | 23 | | conducted by and for those who rely upon treatment by | 24 | | prayer through spiritual means in accordance with the | 25 | | tenets of a recognized church or religious denomination | 26 | | with respect to the employment of individuals of a |
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| 1 | | particular religion to perform work connected with the | 2 | | carrying on by such place of worship, corporation, | 3 | | association, educational institution, society or | 4 | | non-profit nursing institution of its activities. | 5 | | (C) Employment Agency. "Employment Agency" includes both | 6 | | public and private employment agencies and any person, labor | 7 | | organization, or labor union having a hiring hall or hiring | 8 | | office regularly undertaking, with or without compensation, to | 9 | | procure opportunities to work, or to procure, recruit, refer | 10 | | or place employees. | 11 | | (D) Labor Organization. "Labor Organization" includes any | 12 | | organization, labor union, craft union, or any voluntary | 13 | | unincorporated association designed to further the cause of | 14 | | the rights of union labor which is constituted for the | 15 | | purpose, in whole or in part, of collective bargaining or of | 16 | | dealing with employers concerning grievances, terms or | 17 | | conditions of employment, or apprenticeships or applications | 18 | | for apprenticeships, or of other mutual aid or protection in | 19 | | connection with employment, including apprenticeships or | 20 | | applications for apprenticeships. | 21 | | (E) Sexual Harassment. "Sexual harassment" means any | 22 | | unwelcome sexual advances or requests for sexual favors or any | 23 | | conduct of a sexual nature when (1) submission to such conduct | 24 | | is made either explicitly or implicitly a term or condition of | 25 | | an individual's employment, (2) submission to or rejection of | 26 | | such conduct by an individual is used as the basis for |
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| 1 | | employment decisions affecting such individual, or (3) such | 2 | | conduct has the purpose or effect of substantially interfering | 3 | | with an individual's work performance or creating an | 4 | | intimidating, hostile or offensive working environment. | 5 | | For purposes of this definition, the phrase "working | 6 | | environment" is not limited to a physical location an employee | 7 | | is assigned to perform his or her duties. | 8 | | (E-1) Harassment. "Harassment" means any unwelcome conduct | 9 | | on the basis of an individual's actual or perceived race, | 10 | | color, religion, national origin, ancestry, age, sex, marital | 11 | | status, order of protection status, disability, military | 12 | | status, sexual orientation, pregnancy, unfavorable discharge | 13 | | from military service, citizenship status, or work | 14 | | authorization status , or family responsibilities that has the | 15 | | purpose or effect of substantially interfering with the | 16 | | individual's work performance or creating an intimidating, | 17 | | hostile, or offensive working environment. For purposes of | 18 | | this definition, the phrase "working environment" is not | 19 | | limited to a physical location an employee is assigned to | 20 | | perform his or her duties. | 21 | | (F) Religion. "Religion" with respect to employers | 22 | | includes all aspects of religious observance and practice, as | 23 | | well as belief, unless an employer demonstrates that he is | 24 | | unable to reasonably accommodate an employee's or prospective | 25 | | employee's religious observance or practice without undue | 26 | | hardship on the conduct of the employer's business. |
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| 1 | | (G) Public Employer. "Public employer" means the State, an | 2 | | agency or department thereof, unit of local government, school | 3 | | district, instrumentality or political subdivision. | 4 | | (H) Public Employee. "Public employee" means an employee | 5 | | of the State, agency or department thereof, unit of local | 6 | | government, school district, instrumentality or political | 7 | | subdivision. "Public employee" does not include public | 8 | | officers or employees of the General Assembly or agencies | 9 | | thereof. | 10 | | (I) Public Officer. "Public officer" means a person who is | 11 | | elected to office pursuant to the Constitution or a statute or | 12 | | ordinance, or who is appointed to an office which is | 13 | | established, and the qualifications and duties of which are | 14 | | prescribed, by the Constitution or a statute or ordinance, to | 15 | | discharge a public duty for the State, agency or department | 16 | | thereof, unit of local government, school district, | 17 | | instrumentality or political subdivision. | 18 | | (J) Eligible Bidder. "Eligible bidder" means a person who, | 19 | | prior to contract award or prior to bid opening for State | 20 | | contracts for construction or construction-related services, | 21 | | has filed with the Department a properly completed, sworn and | 22 | | currently valid employer report form, pursuant to the | 23 | | Department's regulations. The provisions of this Article | 24 | | relating to eligible bidders apply only to bids on contracts | 25 | | with the State and its departments, agencies, boards, and | 26 | | commissions, and the provisions do not apply to bids on |
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| 1 | | contracts with units of local government or school districts. | 2 | | (K) Citizenship Status. "Citizenship status" means the | 3 | | status of being: | 4 | | (1) a born U.S. citizen; | 5 | | (2) a naturalized U.S. citizen; | 6 | | (3) a U.S. national; or | 7 | | (4) a person born outside the United States and not a | 8 | | U.S. citizen who is lawfully present and who is protected | 9 | | from discrimination under the provisions of Section 1324b | 10 | | of Title 8 of the United States Code, as now or hereafter | 11 | | amended. | 12 | | (L) Work Authorization Status. "Work authorization status" | 13 | | means the status of being a person born outside of the United | 14 | | States, and not a U.S. citizen, who is authorized by the | 15 | | federal government to work in the United States. | 16 | | (M) Family Responsibilities. "Family responsibilities" | 17 | | means an employee's actual or perceived provision of personal | 18 | | care to a family member. As used in this definition: | 19 | | (1)"Personal care" has the meaning given to that term | 20 | | in the Employee Sick Leave Act. | 21 | | (2) "Family member" has the meaning given to the term | 22 | | "covered family member" in the Employee Sick Leave Act. | 23 | | (Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; | 24 | | 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. | 25 | | 5-27-22.) |
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| 1 | | (775 ILCS 5/2-102) (from Ch. 68, par. 2-102) | 2 | | Sec. 2-102. Civil rights violations - employment. It is a | 3 | | civil rights violation: | 4 | | (A) Employers. For any employer to refuse to hire, to | 5 | | segregate, to engage in harassment as defined in | 6 | | subsection (E-1) of Section 2-101, or to act with respect | 7 | | to recruitment, hiring, promotion, renewal of employment, | 8 | | selection for training or apprenticeship, discharge, | 9 | | discipline, tenure or terms, privileges or conditions of | 10 | | employment on the basis of unlawful discrimination, | 11 | | citizenship status, or work authorization status , or | 12 | | family responsibilities . An employer is responsible for | 13 | | harassment by the employer's nonmanagerial and | 14 | | nonsupervisory employees only if the employer becomes | 15 | | aware of the conduct and fails to take reasonable | 16 | | corrective measures. | 17 | | (A-5) Language. For an employer to impose a | 18 | | restriction that has the effect of prohibiting a language | 19 | | from being spoken by an employee in communications that | 20 | | are unrelated to the employee's duties. | 21 | | For the purposes of this subdivision (A-5), "language" | 22 | | means a person's native tongue, such as Polish, Spanish, | 23 | | or Chinese. "Language" does not include such things as | 24 | | slang, jargon, profanity, or vulgarity. | 25 | | (A-10) Harassment of nonemployees. For any employer, | 26 | | employment agency, or labor organization to engage in |
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| 1 | | harassment of nonemployees in the workplace. An employer | 2 | | is responsible for harassment of nonemployees by the | 3 | | employer's nonmanagerial and nonsupervisory employees only | 4 | | if the employer becomes aware of the conduct and fails to | 5 | | take reasonable corrective measures. For the purposes of | 6 | | this subdivision (A-10), "nonemployee" means a person who | 7 | | is not otherwise an employee of the employer and is | 8 | | directly performing services for the employer pursuant to | 9 | | a contract with that employer. "Nonemployee" includes | 10 | | contractors and consultants. This subdivision applies to | 11 | | harassment occurring on or after the effective date of | 12 | | this amendatory Act of the 101st General Assembly. | 13 | | (B) Employment agency. For any employment agency to | 14 | | fail or refuse to classify properly, accept applications | 15 | | and register for employment referral or apprenticeship | 16 | | referral, refer for employment, or refer for | 17 | | apprenticeship on the basis of unlawful discrimination, | 18 | | citizenship status, or work authorization status , or | 19 | | family responsibilities or to accept from any person any | 20 | | job order, requisition or request for referral of | 21 | | applicants for employment or apprenticeship which makes or | 22 | | has the effect of making unlawful discrimination or | 23 | | discrimination on the basis of citizenship status or work | 24 | | authorization status , or family responsibilities a | 25 | | condition of referral. | 26 | | (C) Labor organization. For any labor organization to |
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| 1 | | limit, segregate or classify its membership, or to limit | 2 | | employment opportunities, selection and training for | 3 | | apprenticeship in any trade or craft, or otherwise to | 4 | | take, or fail to take, any action which affects adversely | 5 | | any person's status as an employee or as an applicant for | 6 | | employment or as an apprentice, or as an applicant for | 7 | | apprenticeships, or wages, tenure, hours of employment or | 8 | | apprenticeship conditions on the basis of unlawful | 9 | | discrimination, citizenship status, or work authorization | 10 | | status , or family responsibilities . | 11 | | (D) Sexual harassment. For any employer, employee, | 12 | | agent of any employer, employment agency or labor | 13 | | organization to engage in sexual harassment; provided, | 14 | | that an employer shall be responsible for sexual | 15 | | harassment of the employer's employees by nonemployees or | 16 | | nonmanagerial and nonsupervisory employees only if the | 17 | | employer becomes aware of the conduct and fails to take | 18 | | reasonable corrective measures. | 19 | | (D-5) Sexual harassment of nonemployees. For any | 20 | | employer, employee, agent of any employer, employment | 21 | | agency, or labor organization to engage in sexual | 22 | | harassment of nonemployees in the workplace. An employer | 23 | | is responsible for sexual harassment of nonemployees by | 24 | | the employer's nonmanagerial and nonsupervisory employees | 25 | | only if the employer becomes aware of the conduct and | 26 | | fails to take reasonable corrective measures. For the |
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| 1 | | purposes of this subdivision (D-5), "nonemployee" means a | 2 | | person who is not otherwise an employee of the employer | 3 | | and is directly performing services for the employer | 4 | | pursuant to a contract with that employer. "Nonemployee" | 5 | | includes contractors and consultants. This subdivision | 6 | | applies to sexual harassment occurring on or after the | 7 | | effective date of this amendatory Act of the 101st General | 8 | | Assembly. | 9 | | (E) Public employers. For any public employer to | 10 | | refuse to permit a public employee under its jurisdiction | 11 | | who takes time off from work in order to practice his or | 12 | | her religious beliefs to engage in work, during hours | 13 | | other than such employee's regular working hours, | 14 | | consistent with the operational needs of the employer and | 15 | | in order to compensate for work time lost for such | 16 | | religious reasons. Any employee who elects such deferred | 17 | | work shall be compensated at the wage rate which he or she | 18 | | would have earned during the originally scheduled work | 19 | | period. The employer may require that an employee who | 20 | | plans to take time off from work in order to practice his | 21 | | or her religious beliefs provide the employer with a | 22 | | notice of his or her intention to be absent from work not | 23 | | exceeding 5 days prior to the date of absence. | 24 | | (E-5) Religious discrimination. For any employer to | 25 | | impose upon a person as a condition of obtaining or | 26 | | retaining employment, including opportunities for |
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| 1 | | promotion, advancement, or transfer, any terms or | 2 | | conditions that would require such person to violate or | 3 | | forgo a sincerely held practice of his or her religion | 4 | | including, but not limited to, the wearing of any attire, | 5 | | clothing, or facial hair in accordance with the | 6 | | requirements of his or her religion, unless, after | 7 | | engaging in a bona fide effort, the employer demonstrates | 8 | | that it is unable to reasonably accommodate the employee's | 9 | | or prospective employee's sincerely held religious belief, | 10 | | practice, or observance without undue hardship on the | 11 | | conduct of the employer's business. | 12 | | Nothing in this Section prohibits an employer from | 13 | | enacting a dress code or grooming policy that may include | 14 | | restrictions on attire, clothing, or facial hair to | 15 | | maintain workplace safety or food sanitation. | 16 | | (F) Training and apprenticeship programs. For any | 17 | | employer, employment agency or labor organization to | 18 | | discriminate against a person on the basis of age in the | 19 | | selection, referral for or conduct of apprenticeship or | 20 | | training programs. | 21 | | (G) Immigration-related practices. | 22 | | (1) for an employer to request for purposes of | 23 | | satisfying the requirements of Section 1324a(b) of | 24 | | Title 8 of the United States Code, as now or hereafter | 25 | | amended, more or different documents than are required | 26 | | under such Section or to refuse to honor documents |
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| 1 | | tendered that on their face reasonably appear to be | 2 | | genuine or to refuse to honor work authorization based | 3 | | upon the specific status or term of status that | 4 | | accompanies the authorization to work; or | 5 | | (2) for an employer participating in the E-Verify | 6 | | Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot | 7 | | Programs for Employment Eligibility Confirmation | 8 | | (enacted by PL 104-208, div. C title IV, subtitle A) to | 9 | | refuse to hire, to segregate, or to act with respect to | 10 | | recruitment, hiring, promotion, renewal of employment, | 11 | | selection for training or apprenticeship, discharge, | 12 | | discipline, tenure or terms, privileges or conditions | 13 | | of employment without following the procedures under | 14 | | the E-Verify Program. | 15 | | (H) (Blank). | 16 | | (I) Pregnancy. For an employer to refuse to hire, to | 17 | | segregate, or to act with respect to recruitment, hiring, | 18 | | promotion, renewal of employment, selection for training | 19 | | or apprenticeship, discharge, discipline, tenure or terms, | 20 | | privileges or conditions of employment on the basis of | 21 | | pregnancy, childbirth, or medical or common conditions | 22 | | related to pregnancy or childbirth. Women affected by | 23 | | pregnancy, childbirth, or medical or common conditions | 24 | | related to pregnancy or childbirth shall be treated the | 25 | | same for all employment-related purposes, including | 26 | | receipt of benefits under fringe benefit programs, as |
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| 1 | | other persons not so affected but similar in their ability | 2 | | or inability to work, regardless of the source of the | 3 | | inability to work or employment classification or status. | 4 | | (J) Pregnancy; reasonable accommodations. | 5 | | (1) If after a job applicant or employee, | 6 | | including a part-time, full-time, or probationary | 7 | | employee, requests a reasonable accommodation, for an | 8 | | employer to not make reasonable accommodations for any | 9 | | medical or common condition of a job applicant or | 10 | | employee related to pregnancy or childbirth, unless | 11 | | the employer can demonstrate that the accommodation | 12 | | would impose an undue hardship on the ordinary | 13 | | operation of the business of the employer. The | 14 | | employer may request documentation from the employee's | 15 | | health care provider concerning the need for the | 16 | | requested reasonable accommodation or accommodations | 17 | | to the same extent documentation is requested for | 18 | | conditions related to disability if the employer's | 19 | | request for documentation is job-related and | 20 | | consistent with business necessity. The employer may | 21 | | require only the medical justification for the | 22 | | requested accommodation or accommodations, a | 23 | | description of the reasonable accommodation or | 24 | | accommodations medically advisable, the date the | 25 | | reasonable accommodation or accommodations became | 26 | | medically advisable, and the probable duration of the |
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| 1 | | reasonable accommodation or accommodations. It is the | 2 | | duty of the individual seeking a reasonable | 3 | | accommodation or accommodations to submit to the | 4 | | employer any documentation that is requested in | 5 | | accordance with this paragraph. Notwithstanding the | 6 | | provisions of this paragraph, the employer may require | 7 | | documentation by the employee's health care provider | 8 | | to determine compliance with other laws. The employee | 9 | | and employer shall engage in a timely, good faith, and | 10 | | meaningful exchange to determine effective reasonable | 11 | | accommodations. | 12 | | (2) For an employer to deny employment | 13 | | opportunities or benefits to or take adverse action | 14 | | against an otherwise qualified job applicant or | 15 | | employee, including a part-time, full-time, or | 16 | | probationary employee, if the denial or adverse action | 17 | | is based on the need of the employer to make reasonable | 18 | | accommodations to the known medical or common | 19 | | conditions related to the pregnancy or childbirth of | 20 | | the applicant or employee. | 21 | | (3) For an employer to require a job applicant or | 22 | | employee, including a part-time, full-time, or | 23 | | probationary employee, affected by pregnancy, | 24 | | childbirth, or medical or common conditions related to | 25 | | pregnancy or childbirth to accept an accommodation | 26 | | when the applicant or employee did not request an |
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| 1 | | accommodation and the applicant or employee chooses | 2 | | not to accept the employer's accommodation. | 3 | | (4) For an employer to require an employee, | 4 | | including a part-time, full-time, or probationary | 5 | | employee, to take leave under any leave law or policy | 6 | | of the employer if another reasonable accommodation | 7 | | can be provided to the known medical or common | 8 | | conditions related to the pregnancy or childbirth of | 9 | | an employee. No employer shall fail or refuse to | 10 | | reinstate the employee affected by pregnancy, | 11 | | childbirth, or medical or common conditions related to | 12 | | pregnancy or childbirth to her original job or to an | 13 | | equivalent position with equivalent pay and | 14 | | accumulated seniority, retirement, fringe benefits, | 15 | | and other applicable service credits upon her | 16 | | signifying her intent to return or when her need for | 17 | | reasonable accommodation ceases, unless the employer | 18 | | can demonstrate that the accommodation would impose an | 19 | | undue hardship on the ordinary operation of the | 20 | | business of the employer. | 21 | | For the purposes of this subdivision (J), "reasonable | 22 | | accommodations" means reasonable modifications or | 23 | | adjustments to the job application process or work | 24 | | environment, or to the manner or circumstances under which | 25 | | the position desired or held is customarily performed, | 26 | | that enable an applicant or employee affected by |
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| 1 | | pregnancy, childbirth, or medical or common conditions | 2 | | related to pregnancy or childbirth to be considered for | 3 | | the position the applicant desires or to perform the | 4 | | essential functions of that position, and may include, but | 5 | | is not limited to: more frequent or longer bathroom | 6 | | breaks, breaks for increased water intake, and breaks for | 7 | | periodic rest; private non-bathroom space for expressing | 8 | | breast milk and breastfeeding; seating; assistance with | 9 | | manual labor; light duty; temporary transfer to a less | 10 | | strenuous or hazardous position; the provision of an | 11 | | accessible worksite; acquisition or modification of | 12 | | equipment; job restructuring; a part-time or modified work | 13 | | schedule; appropriate adjustment or modifications of | 14 | | examinations, training materials, or policies; | 15 | | reassignment to a vacant position; time off to recover | 16 | | from conditions related to childbirth; and leave | 17 | | necessitated by pregnancy, childbirth, or medical or | 18 | | common conditions resulting from pregnancy or childbirth. | 19 | | For the purposes of this subdivision (J), "undue | 20 | | hardship" means an action that is prohibitively expensive | 21 | | or disruptive when considered in light of the following | 22 | | factors: (i) the nature and cost of the accommodation | 23 | | needed; (ii) the overall financial resources of the | 24 | | facility or facilities involved in the provision of the | 25 | | reasonable accommodation, the number of persons employed | 26 | | at the facility, the effect on expenses and resources, or |
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| 1 | | the impact otherwise of the accommodation upon the | 2 | | operation of the facility; (iii) the overall financial | 3 | | resources of the employer, the overall size of the | 4 | | business of the employer with respect to the number of its | 5 | | employees, and the number, type, and location of its | 6 | | facilities; and (iv) the type of operation or operations | 7 | | of the employer, including the composition, structure, and | 8 | | functions of the workforce of the employer, the geographic | 9 | | separateness, administrative, or fiscal relationship of | 10 | | the facility or facilities in question to the employer. | 11 | | The employer has the burden of proving undue hardship. The | 12 | | fact that the employer provides or would be required to | 13 | | provide a similar accommodation to similarly situated | 14 | | employees creates a rebuttable presumption that the | 15 | | accommodation does not impose an undue hardship on the | 16 | | employer. | 17 | | No employer is required by this subdivision (J) to | 18 | | create additional employment that the employer would not | 19 | | otherwise have created, unless the employer does so or | 20 | | would do so for other classes of employees who need | 21 | | accommodation. The employer is not required to discharge | 22 | | any employee, transfer any employee with more seniority, | 23 | | or promote any employee who is not qualified to perform | 24 | | the job, unless the employer does so or would do so to | 25 | | accommodate other classes of employees who need it. | 26 | | (K) Notice. |
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| 1 | | (1) For an employer to fail to post or keep posted | 2 | | in a conspicuous location on the premises of the | 3 | | employer where notices to employees are customarily | 4 | | posted, or fail to include in any employee handbook | 5 | | information concerning an employee's rights under this | 6 | | Article, a notice, to be prepared or approved by the | 7 | | Department, summarizing the requirements of this | 8 | | Article and information pertaining to the filing of a | 9 | | charge, including the right to be free from unlawful | 10 | | discrimination, the right to be free from sexual | 11 | | harassment, and the right to certain reasonable | 12 | | accommodations. The Department shall make the | 13 | | documents required under this paragraph available for | 14 | | retrieval from the Department's website. | 15 | | (2) Upon notification of a violation of paragraph | 16 | | (1) of this subdivision (K), the Department may launch | 17 | | a preliminary investigation. If the Department finds a | 18 | | violation, the Department may issue a notice to show | 19 | | cause giving the employer 30 days to correct the | 20 | | violation. If the violation is not corrected, the | 21 | | Department may initiate a charge of a civil rights | 22 | | violation. | 23 | | (Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.) | 24 | | (775 ILCS 5/2-104) (from Ch. 68, par. 2-104) | 25 | | Sec. 2-104. Exemptions. |
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| 1 | | (A) Nothing contained in this Act shall prohibit an | 2 | | employer, employment agency, or labor organization from: | 3 | | (1) Bona Fide Qualification. Hiring or selecting | 4 | | between persons for bona fide occupational qualifications | 5 | | or any reason except those civil-rights violations | 6 | | specifically identified in this Article. | 7 | | (2) Veterans. Giving preferential treatment to | 8 | | veterans and their relatives as required by the laws or | 9 | | regulations of the United States or this State or a unit of | 10 | | local government, or pursuant to a private employer's | 11 | | voluntary veterans' preference employment policy | 12 | | authorized by the Veterans Preference in Private | 13 | | Employment Act. | 14 | | (3) Unfavorable Discharge From Military Service. | 15 | | (a) Using unfavorable discharge from military | 16 | | service as a valid employment criterion when | 17 | | authorized by federal law or regulation or when a | 18 | | position of employment involves the exercise of | 19 | | fiduciary responsibilities as defined by rules and | 20 | | regulations which the Department shall adopt; or | 21 | | (b) Participating in a bona fide recruiting | 22 | | incentive program, sponsored by a branch of the United | 23 | | States Armed Forces, a reserve component of the United | 24 | | States Armed Forces, or any National Guard or Naval | 25 | | Militia, where participation in the program is limited | 26 | | by the sponsoring branch based upon the service |
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| 1 | | member's discharge status. | 2 | | (4) Ability Tests. Giving or acting upon the results | 3 | | of any professionally developed ability test provided that | 4 | | such test, its administration, or action upon the results, | 5 | | is not used as a subterfuge for or does not have the effect | 6 | | of unlawful discrimination. | 7 | | (5) Merit and Retirement Systems. | 8 | | (a) Applying different standards of compensation, | 9 | | or different terms, conditions or privileges of | 10 | | employment pursuant to a merit or retirement system | 11 | | provided that such system or its administration is not | 12 | | used as a subterfuge for or does not have the effect of | 13 | | unlawful discrimination. | 14 | | (b) Effecting compulsory retirement of any | 15 | | employee who has attained 65 years of age and who, for | 16 | | the 2-year period immediately preceding retirement, is | 17 | | employed in a bona fide executive or a high | 18 | | policymaking position, if such employee is entitled to | 19 | | an immediate nonforfeitable annual retirement benefit | 20 | | from a pension, profit-sharing, savings, or deferred | 21 | | compensation plan, or any combination of such plans of | 22 | | the employer of such employee, which equals, in the | 23 | | aggregate, at least $44,000. If any such retirement | 24 | | benefit is in a form other than a straight life annuity | 25 | | (with no ancillary benefits) or if the employees | 26 | | contribute to any such plan or make rollover |
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| 1 | | contributions, the retirement benefit shall be | 2 | | adjusted in accordance with regulations prescribed by | 3 | | the Department, so that the benefit is the equivalent | 4 | | of a straight life annuity (with no ancillary | 5 | | benefits) under a plan to which employees do not | 6 | | contribute and under which no rollover contributions | 7 | | are made. | 8 | | (c) Until January 1, 1994, effecting compulsory | 9 | | retirement of any employee who has attained 70 years | 10 | | of age, and who is serving under a contract of | 11 | | unlimited tenure (or similar arrangement providing for | 12 | | unlimited tenure) at an institution of higher | 13 | | education as defined by Section 1201(a) of the Higher | 14 | | Education Act of 1965. | 15 | | (6) Training and Apprenticeship programs. Establishing | 16 | | an educational requirement as a prerequisite to selection | 17 | | for a training or apprenticeship program, provided such | 18 | | requirement does not operate to discriminate on the basis | 19 | | of any prohibited classification except age. | 20 | | (7) Police and Firefighter/Paramedic Retirement. | 21 | | Imposing a mandatory retirement age for | 22 | | firefighters/paramedics or law enforcement officers and | 23 | | discharging or retiring such individuals pursuant to the | 24 | | mandatory retirement age if such action is taken pursuant | 25 | | to a bona fide retirement plan provided that the law | 26 | | enforcement officer or firefighter/paramedic has attained: |
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| 1 | | (a) the age of retirement in effect under | 2 | | applicable State or local law on March 3, 1983; or | 3 | | (b) if the applicable State or local law was | 4 | | enacted after the date of enactment of the federal Age | 5 | | Discrimination in Employment Act Amendments of 1996 | 6 | | (P.L. 104-208), the age of retirement in effect on the | 7 | | date of such discharge under such law. | 8 | | This paragraph (7) shall not apply with respect to any | 9 | | cause of action arising under the Illinois Human Rights | 10 | | Act as in effect prior to the effective date of this | 11 | | amendatory Act of 1997. | 12 | | (8) Police and Firefighter/Paramedic Appointment. | 13 | | Failing or refusing to hire any individual because of such | 14 | | individual's age if such action is taken with respect to | 15 | | the employment of an individual as a firefighter/paramedic | 16 | | or as a law enforcement officer and the individual has | 17 | | attained: | 18 | | (a) the age of hiring or appointment in effect | 19 | | under applicable State or local law on March 3, 1983; | 20 | | or | 21 | | (b) the age of hiring in effect on the date of such | 22 | | failure or refusal to hire under applicable State or | 23 | | local law enacted after the date of enactment of the | 24 | | federal Age Discrimination in Employment Act | 25 | | Amendments of 1996 (P.L. 104-208). | 26 | | As used in paragraph (7) or (8): |
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| 1 | | "Firefighter/paramedic" means an employee, the duties | 2 | | of whose position are primarily to perform work directly | 3 | | connected with the control and extinguishment of fires or | 4 | | the maintenance and use of firefighting apparatus and | 5 | | equipment, or to provide emergency medical services, | 6 | | including an employee engaged in this activity who is | 7 | | transferred to a supervisory or administrative position. | 8 | | "Law enforcement officer" means an employee, the | 9 | | duties of whose position are primarily the investigation, | 10 | | apprehension, or detention of individuals suspected or | 11 | | convicted of criminal offenses, including an employee | 12 | | engaged in this activity who is transferred to a | 13 | | supervisory or administrative position. | 14 | | (9) Citizenship Status. Making legitimate distinctions | 15 | | based on citizenship status if specifically authorized or | 16 | | required by State or federal law. | 17 | | (B) With respect to any employee who is subject to a | 18 | | collective bargaining agreement: | 19 | | (a) which is in effect on June 30, 1986, | 20 | | (b) which terminates after January 1, 1987, | 21 | | (c) any provision of which was entered into by a labor | 22 | | organization as defined by Section 6(d)(4) of the Fair | 23 | | Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and | 24 | | (d) which contains any provision that would be | 25 | | superseded by Public Act 85-748, | 26 | | Public Act 85-748 shall not apply until the termination of |
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| 1 | | such collective bargaining agreement or January 1, 1990, | 2 | | whichever occurs first. | 3 | | (C)(1) For purposes of this Act, the term "disability" | 4 | | shall not include any employee or applicant who is currently | 5 | | engaging in the illegal use of drugs, when an employer acts on | 6 | | the basis of such use. | 7 | | (2) Paragraph (1) shall not apply where an employee or | 8 | | applicant for employment: | 9 | | (a) has successfully completed a supervised drug | 10 | | rehabilitation program and is no longer engaging in the | 11 | | illegal use of drugs, or has otherwise been rehabilitated | 12 | | successfully and is no longer engaging in such use; | 13 | | (b) is participating in a supervised rehabilitation | 14 | | program and is no longer engaging in such use; or | 15 | | (c) is erroneously regarded as engaging in such use, | 16 | | but is not engaging in such use. | 17 | | It shall not be a violation of this Act for an employer to | 18 | | adopt or administer reasonable policies or procedures, | 19 | | including but not limited to drug testing, designed to ensure | 20 | | that an individual described in subparagraph (a) or (b) is no | 21 | | longer engaging in the illegal use of drugs. | 22 | | (3) An employer: | 23 | | (a) may prohibit the illegal use of drugs and the use | 24 | | of alcohol at the workplace by all employees; | 25 | | (b) may require that employees shall not be under the | 26 | | influence of alcohol or be engaging in the illegal use of |
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| 1 | | drugs at the workplace; | 2 | | (c) may require that employees behave in conformance | 3 | | with the requirements established under the federal | 4 | | Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) | 5 | | and the Drug Free Workplace Act; | 6 | | (d) may hold an employee who engages in the illegal | 7 | | use of drugs or who is an alcoholic to the same | 8 | | qualification standards for employment or job performance | 9 | | and behavior that such employer holds other employees, | 10 | | even if any unsatisfactory performance or behavior is | 11 | | related to the drug use or alcoholism of such employee; | 12 | | and | 13 | | (e) may, with respect to federal regulations regarding | 14 | | alcohol and the illegal use of drugs, require that: | 15 | | (i) employees comply with the standards | 16 | | established in such regulations of the United States | 17 | | Department of Defense, if the employees of the | 18 | | employer are employed in an industry subject to such | 19 | | regulations, including complying with regulations (if | 20 | | any) that apply to employment in sensitive positions | 21 | | in such an industry, in the case of employees of the | 22 | | employer who are employed in such positions (as | 23 | | defined in the regulations of the Department of | 24 | | Defense); | 25 | | (ii) employees comply with the standards | 26 | | established in such regulations of the Nuclear |
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| 1 | | Regulatory Commission, if the employees of the | 2 | | employer are employed in an industry subject to such | 3 | | regulations, including complying with regulations (if | 4 | | any) that apply to employment in sensitive positions | 5 | | in such an industry, in the case of employees of the | 6 | | employer who are employed in such positions (as | 7 | | defined in the regulations of the Nuclear Regulatory | 8 | | Commission); and | 9 | | (iii) employees comply with the standards | 10 | | established in such regulations of the United States | 11 | | Department of Transportation, if the employees of the | 12 | | employer are employed in a transportation industry | 13 | | subject to such regulations, including complying with | 14 | | such regulations (if any) that apply to employment in | 15 | | sensitive positions in such an industry, in the case | 16 | | of employees of the employer who are employed in such | 17 | | positions (as defined in the regulations of the United | 18 | | States Department of Transportation). | 19 | | (4) For purposes of this Act, a test to determine the | 20 | | illegal use of drugs shall not be considered a medical | 21 | | examination. Nothing in this Act shall be construed to | 22 | | encourage, prohibit, or authorize the conducting of drug | 23 | | testing for the illegal use of drugs by job applicants or | 24 | | employees or making employment decisions based on such test | 25 | | results. | 26 | | (5) Nothing in this Act shall be construed to encourage, |
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| 1 | | prohibit, restrict, or authorize the otherwise lawful exercise | 2 | | by an employer subject to the jurisdiction of the United | 3 | | States Department of Transportation of authority to: | 4 | | (a) test employees of such employer in, and applicants | 5 | | for, positions involving safety-sensitive duties for the | 6 | | illegal use of drugs and for on-duty impairment by | 7 | | alcohol; and | 8 | | (b) remove such persons who test positive for illegal | 9 | | use of drugs and on-duty impairment by alcohol pursuant to | 10 | | subparagraph (a) from safety-sensitive duties in | 11 | | implementing paragraph (3). | 12 | | (D) Nothing contained in this Act shall require an | 13 | | employer to sponsor, either monetarily or otherwise, any | 14 | | applicant or employee to obtain or modify work authorization | 15 | | status, unless otherwise required by federal law. | 16 | | (E) Nothing contained in this Act shall be construed to | 17 | | obligate an employer, employment agency, or labor organization | 18 | | to make accommodations for an employee based on family | 19 | | responsibilities, including accommodations as related to | 20 | | leave, scheduling, absenteeism, timeliness, work performance, | 21 | | referrals from a labor union hiring hall, and benefits. | 22 | | (Source: P.A. 102-233, eff. 8-2-21.) | 23 | | (775 ILCS 5/6-101) (from Ch. 68, par. 6-101) | 24 | | (Text of Section before amendment by P.A. 103-472 ) | 25 | | Sec. 6-101. Additional civil rights violations under |
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| 1 | | Articles 2, 4, 5, and 5A. It is a civil rights violation for a | 2 | | person, or for 2 or more persons, to conspire to: | 3 | | (A) Retaliation. Retaliate against a person because he | 4 | | or she has opposed that which he or she reasonably and in | 5 | | good faith believes to be unlawful discrimination, sexual | 6 | | harassment in employment, sexual harassment in elementary, | 7 | | secondary, and higher education, or discrimination based | 8 | | on arrest record, citizenship status, or work | 9 | | authorization status , or family responsibilities in | 10 | | employment under Articles 2, 4, 5, and 5A, because he or | 11 | | she has made a charge, filed a complaint, testified, | 12 | | assisted, or participated in an investigation, proceeding, | 13 | | or hearing under this Act, or because he or she has | 14 | | requested, attempted to request, used, or attempted to use | 15 | | a reasonable accommodation as allowed by this Act; | 16 | | (B) Aiding and Abetting; Coercion. Aid, abet, compel, | 17 | | or coerce a person to commit any violation of this Act; | 18 | | (C) Interference. Wilfully interfere with the | 19 | | performance of a duty or the exercise of a power by the | 20 | | Commission or one of its members or representatives or the | 21 | | Department or one of its officers or employees. | 22 | | Definitions. For the purposes of this Section, "sexual | 23 | | harassment", "citizenship status", and "work authorization | 24 | | status" , and "family responsibilities" shall have the same | 25 | | meaning as defined in Section 2-101 of this Act. | 26 | | (Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; |
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| 1 | | 102-813, eff. 5-13-22.) | 2 | | Sec. 6-101. Additional civil rights violations under | 3 | | Articles 2, 4, 5, 5A, and 6. It is a civil rights violation for | 4 | | a person, or for 2 or more persons, to conspire to: | 5 | | (A) Retaliation. Retaliate against a person because | 6 | | that person has: | 7 | | (i) opposed or reported conduct that the person | 8 | | reasonably and in good faith believes to be prohibited | 9 | | under Articles 2, 4, 5, 5A, and 6; | 10 | | (ii) made a charge, filed a complaint, testified, | 11 | | assisted, or participated in an investigation, | 12 | | proceeding, or hearing under this Act; or | 13 | | (iii) requested, attempted to request, used, or | 14 | | attempted to use a reasonable accommodation as allowed | 15 | | by this Act; | 16 | | (B) Aiding and Abetting; Coercion. Aid, abet, compel, | 17 | | or coerce a person to commit any violation of this Act; | 18 | | (C) Interference. Wilfully interfere with the | 19 | | performance of a duty or the exercise of a power by the | 20 | | Commission or one of its members or representatives or the | 21 | | Department or one of its officers or employees. | 22 | | (Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; | 23 | | 102-813, eff. 5-13-22; 103-472, eff. 8-1-24.) |
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