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(775 ILCS 5/2-101)
(from Ch. 68, par. 2-101)
The following definitions are applicable
strictly in the context of this Article.
(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
(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:
(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.
(1) "Employer" includes:
(a) Any person employing 15 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 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 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
(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
(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 not an unauthorized alien 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.
(Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43, eff. 8-9-17.)