Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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HUMAN RIGHTS775 ILCS 5/Art. 2
(775 ILCS 5/) Illinois Human Rights Act.
(775 ILCS 5/Art. 2 heading)
775 ILCS 5/2-101
(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.)
775 ILCS 5/2-102
(775 ILCS 5/2-102)
(from Ch. 68, par. 2-102)
Civil rights violations - employment.
It is a civil
(A) Employers. For any 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 unlawful discrimination or citizenship status.
(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.
(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 or citizenship status 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 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 or citizenship status.
(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.
(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
(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.
(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.
(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. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18.)
775 ILCS 5/2-103
(775 ILCS 5/2-103)
(from Ch. 68, par. 2-103)
(A) Unless otherwise authorized by law,
it is a civil rights violation for any
employer, employment agency or labor organization to inquire
into or to use the fact of an arrest or criminal history
ordered expunged, sealed or impounded under Section 5.2 of the Criminal
Identification Act as a basis 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. This Section
does not prohibit a State agency, unit of local government or school
district, or private organization from requesting or utilizing sealed felony
conviction information obtained from the Department of State Police under
the provisions of Section 3 of the
Criminal Identification Act or under other State or federal laws or regulations that require criminal background checks in evaluating the qualifications
and character of an employee or a prospective employee.
(B) The prohibition against the use of the fact of an arrest contained in
this Section shall not be construed to prohibit an employer, employment agency,
or labor organization from obtaining or using other information which indicates
that a person actually engaged in the conduct for which he or she was
(Source: P.A. 96-409, eff. 1-1-10.)
775 ILCS 5/2-104
(775 ILCS 5/2-104)
(from Ch. 68, par. 2-104)
(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
(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
(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).
(Source: P.A. 99-152, eff. 1-1-16, 99-165, eff. 7-28-15; 99-642, eff. 7-28-16.)
775 ILCS 5/2-105
(775 ILCS 5/2-105)
(from Ch. 68, par. 2-105)
Equal Employment Opportunities; Affirmative Action.
(A) Public Contracts. Every party to a public contract and every
eligible bidder shall:
(1) Refrain from unlawful discrimination and
discrimination based on citizenship status in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination;
(2) Comply with the procedures and requirements of
the Department's regulations concerning equal employment opportunities and affirmative action;
(3) Provide such information, with respect to its
employees and applicants for employment, and assistance as the Department may reasonably request;
(4) Have written sexual harassment policies that
shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the vendor's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department and the Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of this Act. A copy of the policies shall be provided to the Department upon request. Additionally, each bidder who submits a bid or offer for a State contract under the Illinois Procurement Code shall have a written copy of the bidder's sexual harassment policy as required under this paragraph (4). A copy of the policy shall be provided to the State agency entering into the contract upon request.
(B) State Agencies. Every State executive department, State agency,
board, commission, and instrumentality shall:
(1) Comply with the procedures and requirements of
the Department's regulations concerning equal employment opportunities and affirmative action;
(2) Provide such information and assistance as the
(3) Establish, maintain, and carry out a continuing
affirmative action plan consistent with this Act and the regulations of the Department designed to promote equal opportunity for all State residents in every aspect of agency personnel policy and practice. For purposes of these affirmative action plans, the race and national origin categories to be included in the plans are: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander.
This plan shall include a current detailed status
(a) indicating, by each position in State
service, the number, percentage, and average salary of individuals employed by race, national origin, sex and disability, and any other category that the Department may require by rule;
(b) identifying all positions in which the
percentage of the people employed by race, national origin, sex and disability, and any other category that the Department may require by rule, is less than four-fifths of the percentage of each of those components in the State work force;
(c) specifying the goals and methods for
increasing the percentage by race, national origin, sex and disability, and any other category that the Department may require by rule, in State positions;
(d) indicating progress and problems toward
meeting equal employment opportunity goals, including, if applicable, but not limited to, Department of Central Management Services recruitment efforts, publicity, promotions, and use of options designating positions by linguistic abilities;
(e) establishing a numerical hiring goal for the
employment of qualified persons with disabilities in the agency as a whole, to be based on the proportion of people with work disabilities in the Illinois labor force as reflected in the most recent employment data made available by the United States Census Bureau.
(4) If the agency has 1000 or more employees, appoint
a full-time Equal Employment Opportunity officer, subject to the Department's approval, whose duties shall include:
(a) Advising the head of the particular State
agency with respect to the preparation of equal employment opportunity programs, procedures, regulations, reports, and the agency's affirmative action plan.
(b) Evaluating in writing each fiscal year the
sufficiency of the total agency program for equal employment opportunity and reporting thereon to the head of the agency with recommendations as to any improvement or correction in recruiting, hiring or promotion needed, including remedial or disciplinary action with respect to managerial or supervisory employees who have failed to cooperate fully or who are in violation of the program.
(c) Making changes in recruitment, training and
promotion programs and in hiring and promotion procedures designed to eliminate discriminatory practices when authorized.
(d) Evaluating tests, employment policies,
practices and qualifications and reporting to the head of the agency and to the Department any policies, practices and qualifications that have unequal impact by race, national origin as required by Department rule, sex or disability or any other category that the Department may require by rule, and to assist in the recruitment of people in underrepresented classifications. This function shall be performed in cooperation with the State Department of Central Management Services.
(e) Making any aggrieved employee or applicant
for employment aware of his or her remedies under this Act.
In any meeting, investigation, negotiation,
conference, or other proceeding between a State employee and an Equal Employment Opportunity officer, a State employee (1) who is not covered by a collective bargaining agreement and (2) who is the complaining party or the subject of such proceeding may be accompanied, advised and represented by (1) an attorney licensed to practice law in the State of Illinois or (2) a representative of an employee organization whose membership is composed of employees of the State and of which the employee is a member. A representative of an employee, other than an attorney, may observe but may not actively participate, or advise the State employee during the course of such meeting, investigation, negotiation, conference or other proceeding. Nothing in this Section shall be construed to permit any person who is not licensed to practice law in Illinois to deliver any legal services or otherwise engage in any activities that would constitute the unauthorized practice of law. Any representative of an employee who is present with the consent of the employee, shall not, during or after termination of the relationship permitted by this Section with the State employee, use or reveal any information obtained during the course of the meeting, investigation, negotiation, conference or other proceeding without the consent of the complaining party and any State employee who is the subject of the proceeding and pursuant to rules and regulations governing confidentiality of such information as promulgated by the appropriate State agency. Intentional or reckless disclosure of information in violation of these confidentiality requirements shall constitute a Class B misdemeanor.
(5) Establish, maintain and carry out a continuing
sexual harassment program that shall include the following:
(a) Develop a written sexual harassment policy
that includes at a minimum the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the agency's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department and the Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of this Act. The policy shall be reviewed annually.
(b) Post in a prominent and accessible location
and distribute in a manner to assure notice to all agency employees without exception the agency's sexual harassment policy. Such documents may meet, but shall not exceed, the 6th grade literacy level. Distribution shall be effectuated within 90 days of the effective date of this amendatory Act of 1992 and shall occur annually thereafter.
(c) Provide training on sexual harassment
prevention and the agency's sexual harassment policy as a component of all ongoing or new employee training programs.
(6) Notify the Department 30 days before effecting
any layoff. Once notice is given, the following shall occur:
(a) No layoff may be effective earlier than 10
working days after notice to the Department, unless an emergency layoff situation exists.
(b) The State executive department, State agency,
board, commission, or instrumentality in which the layoffs are to occur must notify each employee targeted for layoff, the employee's union representative (if applicable), and the State Dislocated Worker Unit at the Department of Commerce and Economic Opportunity.
(c) The State executive department, State agency,
board, commission, or instrumentality in which the layoffs are to occur must conform to applicable collective bargaining agreements.
(d) The State executive department, State agency,
board, commission, or instrumentality in which the layoffs are to occur should notify each employee targeted for layoff that transitional assistance may be available to him or her under the Economic Dislocation and Worker Adjustment Assistance Act administered by the Department of Commerce and Economic Opportunity. Failure to give such notice shall not invalidate the layoff or postpone its effective date.
As used in this subsection (B), "disability" shall be defined in
rules promulgated under the Illinois Administrative
(C) Civil Rights Violations. It is a civil rights violation for any
public contractor or eligible bidder to:
(1) fail to comply with the public contractor's or
eligible bidder's duty to refrain from unlawful discrimination and discrimination based on citizenship status in employment under subsection (A)(1) of this Section; or
(2) fail to comply with the public contractor's or
eligible bidder's duties of affirmative action under subsection (A) of this Section, provided however, that the Department has notified the public contractor or eligible bidder in writing by certified mail that the public contractor or eligible bidder may not be in compliance with affirmative action requirements of subsection (A). A minimum of 60 days to comply with the requirements shall be afforded to the public contractor or eligible bidder before the Department may issue formal notice of non-compliance.
(D) As used in this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of
the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa. Terms such as "Haitian" or "Negro" can be used in addition to "Black or African American".
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means
a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
(Source: P.A. 99-933, eff. 1-27-17; 100-698, eff. 1-1-19