[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB0156
775 ILCS 5/2-104 from Ch. 68, par. 2-104
Amends the Illinois Human Rights Act. Includes
paramedics within the provisions allowing a mandatory
retirement age for police officers and firefighters. Allows
the mandatory retirement of police officers and
firefighters/paramedics under a bona fide retirement plan if
the individual has attained the age of retirement under the
applicable State or local law in effect on March 3, 1983 or
enacted after the federal Age Discrimination in Employment
Act Amendments of 1996 (now State or local law in effect on
March 3, 1983). Allows the refusal to hire individuals as
police officers or firefighters/paramedics if the individual
has attained the age of hiring or appointment under the
applicable State or local law in effect on March 3, 1983 or
enacted after the federal Age Discrimination in Employment
Act Amendments of 1996 (now State or local law in effect on
March 3, 1983).
LRB9000649PTcw
LRB9000649PTcw
1 AN ACT to amend the Illinois Human Rights Act by changing
2 Section 2-104.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Human Rights Act is amended by
6 changing Section 2-104 as follows:
7 (775 ILCS 5/2-104) (from Ch. 68, par. 2-104)
8 Sec. 2-104. Exemptions.
9 (A) Nothing contained in this Act shall prohibit an
10 employer, employment agency or labor organization from:
11 (1) Bona Fide Qualification. Hiring or selecting
12 between persons for bona fide occupational qualifications
13 or any reason except those civil-rights violations
14 specifically identified in this Article.
15 (2) Veterans. Giving preferential treatment to
16 veterans and their relatives as required by the laws or
17 regulations of the United States or this State or a unit
18 of local government.
19 (3) Unfavorable Discharge From Military Service.
20 Using unfavorable discharge from military service as a
21 valid employment criterion when authorized by federal law
22 or regulation or when a position of employment involves
23 the exercise of fiduciary responsibilities as defined by
24 rules and regulations which the Department shall adopt.
25 (4) Ability Tests. Giving or acting upon the
26 results of any professionally developed ability test
27 provided that such test, its administration, or action
28 upon the results, is not used as a subterfuge for or does
29 not have the effect of unlawful discrimination.
30 (5) Merit and Retirement Systems.
31 (a) Applying different standards of
-2- LRB9000649PTcw
1 compensation, or different terms, conditions or
2 privileges of employment pursuant to a merit or
3 retirement system provided that such system or its
4 administration is not used as a subterfuge for or
5 does not have the effect of unlawful discrimination.
6 (b) Effecting compulsory retirement of any
7 employee who has attained 65 years of age and who,
8 for the 2-year period immediately preceding
9 retirement, is employed in a bona fide executive or
10 a high policymaking position, if such employee is
11 entitled to an immediate nonforfeitable annual
12 retirement benefit from a pension, profit-sharing,
13 savings, or deferred compensation plan, or any
14 combination of such plans of the employer of such
15 employee, which equals, in the aggregate, at least
16 $44,000. If any such retirement benefit is in a
17 form other than a straight life annuity (with no
18 ancillary benefits) or if the employees contribute
19 to any such plan or make rollover contributions, the
20 retirement benefit shall be adjusted in accordance
21 with regulations prescribed by the Department, so
22 that the benefit is the equivalent of a straight
23 life annuity (with no ancillary benefits) under a
24 plan to which employees do not contribute and under
25 which no rollover contributions are made.
26 (c) Until January 1, 1994, effecting
27 compulsory retirement of any employee who has
28 attained 70 years of age, and who is serving under a
29 contract of unlimited tenure (or similar arrangement
30 providing for unlimited tenure) at an institution of
31 higher education as defined by Section 1201(a) of
32 the Higher Education Act of 1965.
33 (6) Training and Apprenticeship programs.
34 Establishing an educational requirement as a prerequisite
-3- LRB9000649PTcw
1 to selection for a training or apprenticeship program,
2 provided such requirement does not operate to
3 discriminate on the basis of any prohibited
4 classification except age.
5 (7) Police and Firefighter/Paramedic Retirement.
6 Imposing a mandatory retirement age for
7 firefighters/paramedics or law enforcement officers and
8 discharging or retiring such individuals pursuant to the
9 mandatory retirement age if such petition is taken
10 pursuant to a bona fide retirement plan provided that if
11 prior to December 31, 1993, the law enforcement officer
12 or firefighter/paramedic has attained:
13 (a) the age of retirement in effect under
14 applicable State or local law on March 3, 1983; or
15 (b) if the applicable State or local law was
16 enacted after the date of enactment of the federal
17 Age Discrimination in Employment Act Amendments of
18 1996 (P.L. 104-208), the higher of:
19 (i) the age of retirement in effect on
20 the date of such discharge under such law; and
21 (ii) age 55 and if such retirement action
22 is taken pursuant to a bona fide retirement
23 plan.
24 This paragraph (7) shall not apply with respect to any
25 cause of action arising under the Illinois Human Rights Act
26 as in effect prior to the effective date of this amendatory
27 Act of 1997 December 3, 1987 (the effective date of Public
28 Act 85-949).
29 (8) Police and Firefighter/Paramedic Appointment.
30 Failing or refusing to hire or to discharge any
31 individual because of such individual's age if such
32 action is taken with respect to the employment of an
33 individual as a firefighter/paramedic or as a law
34 enforcement officer and the individual has attained:
-4- LRB9000649PTcw
1 (a) the age of hiring or appointment
2 retirement in effect under applicable State or local
3 law, which provides a maximum age hiring limitation
4 or for mandatory retirement, in effect on or before
5 March 3, 1983; or
6 (b) the age of hiring in effect on the date of
7 such failure or refusal to hire under applicable
8 State or local law enacted after the date of
9 enactment of the federal Age Discrimination in
10 Employment Act Amendments of 1996 (P.L. 104-208).
11 As used in this paragraph (7) or(8):
12 (a) "Firefighter/paramedic" means an employee, the
13 duties of whose position are primarily to perform work
14 directly connected with the control and extinguishment of
15 fires or the maintenance and use of firefighting
16 apparatus and equipment, or to provide emergency medical
17 services, including an employee engaged in this activity
18 who is transferred to a supervisory or administrative
19 position.
20 (b) "Law enforcement officer" means an employee,
21 the duties of whose position are primarily the
22 investigation, apprehension, or detention of individuals
23 suspected or convicted of criminal offenses, including an
24 employee engaged in this activity who is transferred to a
25 supervisory or administrative position.
26 The provisions of this paragraph (8) shall remain in
27 effect until December 31, 1993 or until similar
28 provisions in Section 4 of the federal Age Discrimination
29 in Employment Act of 1967 (29 U.S. Code 623) are deleted
30 or repealed, whichever is later.
31 (9) Citizenship Status. Making legitimate
32 distinctions based on citizenship status if specifically
33 authorized or required by State or federal law.
34 (B) With respect to any employee who is subject to a
-5- LRB9000649PTcw
1 collective bargaining agreement:
2 (a) which is in effect on June 30, 1986,
3 (b) which terminates after January 1, 1987,
4 (c) any provision of which was entered into by a
5 labor organization as defined by Section 6(d)(4) of the
6 Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)),
7 and
8 (d) which contains any provision that would be
9 superseded by this amendatory Act of 1987 (Public Act
10 85-748),
11 such amendatory Act of 1987 shall not apply until the
12 termination of such collective bargaining agreement or
13 January 1, 1990, whichever occurs first.
14 (C)(1) For purposes of this Act, the term "handicap"
15 shall not include any employee or applicant who is currently
16 engaging in the illegal use of drugs, when an employer acts
17 on the basis of such use.
18 (2) Paragraph (1) shall not apply where an employee or
19 applicant for employment:
20 (a) has successfully completed a supervised drug
21 rehabilitation program and is no longer engaging in the
22 illegal use of drugs, or has otherwise been rehabilitated
23 successfully and is no longer engaging in such use;
24 (b) is participating in a supervised rehabilitation
25 program and is no longer engaging in such use; or
26 (c) is erroneously regarded as engaging in such
27 use, but is not engaging in such use.
28 It shall not be a violation of this Act for an employer
29 to adopt or administer reasonable policies or procedures,
30 including but not limited to drug testing, designed to ensure
31 that an individual described in subparagraph (a) or (b) is no
32 longer engaging in the illegal use of drugs.
33 (3) An employer:
34 (a) may prohibit the illegal use of drugs and the
-6- LRB9000649PTcw
1 use of alcohol at the workplace by all employees;
2 (b) may require that employees shall not be under
3 the influence of alcohol or be engaging in the illegal
4 use of drugs at the workplace;
5 (c) may require that employees behave in
6 conformance with the requirements established under the
7 federal Drug-Free Workplace Act of 1988 (11 U.S.C. 701 et
8 seq.) and the Drug Free Workplace Act;
9 (d) may hold an employee who engages in the illegal
10 use of drugs or who is an alcoholic to the same
11 qualification standards for employment or job performance
12 and behavior that such employer holds other employees,
13 even if any unsatisfactory performance or behavior is
14 related to the drug use or alcoholism of such employee;
15 and
16 (e) may, with respect to federal regulations
17 regarding alcohol and the illegal use of drugs, require
18 that:
19 (i) employees comply with the standards
20 established in such regulations of the United States
21 Department of Defense, if the employees of the
22 employer are employed in an industry subject to such
23 regulations, including complying with regulations
24 (if any) that apply to employment in sensitive
25 positions in such an industry, in the case of
26 employees of the employer who are employed in such
27 positions (as defined in the regulations of the
28 Department of Defense);
29 (ii) employees comply with the standards
30 established in such regulations of the Nuclear
31 Regulatory Commission, if the employees of the
32 employer are employed in an industry subject to such
33 regulations, including complying with regulations
34 (if any) that apply to employment in sensitive
-7- LRB9000649PTcw
1 positions in such an industry, in the case of
2 employees of the employer who are employed in such
3 positions (as defined in the regulations of the
4 Nuclear Regulatory Commission); and
5 (iii) employees comply with the standards
6 established in such regulations of the United States
7 Department of Transportation, if the employees of
8 the employer are employed in a transportation
9 industry subject to such regulations, including
10 complying with such regulations (if any) that apply
11 to employment in sensitive positions in such an
12 industry, in the case of employees of the employer
13 who are employed in such positions (as defined in
14 the regulations of the United States Department of
15 Transportation).
16 (4) For purposes of this Act, a test to determine the
17 illegal use of drugs shall not be considered a medical
18 examination. Nothing in this Act shall be construed to
19 encourage, prohibit, or authorize the conducting of drug
20 testing for the illegal use of drugs by job applicants or
21 employees or making employment decisions based on such test
22 results.
23 (5) Nothing in this Act shall be construed to encourage,
24 prohibit, restrict, or authorize the otherwise lawful
25 exercise by an employer subject to the jurisdiction of the
26 United States Department of Transportation of authority to:
27 (a) test employees of such employer in, and
28 applicants for, positions involving safety-sensitive
29 duties for the illegal use of drugs and for on-duty
30 impairment by alcohol; and
31 (b) remove such persons who test positive for
32 illegal use of drugs and on-duty impairment by alcohol
33 pursuant to subparagraph (a) from safety-sensitive duties
34 in implementing paragraph (3).
-8- LRB9000649PTcw
1 (Source: P.A. 87-348; 87-579; 87-895; 88-180.)