TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2510
DISCRIMINATION IN EMPLOYMENT BASED ON
UNFAVORABLE MILITARY DISCHARGE
SECTION 2510.10 SCOPE AND PURPOSE
Section 2510.10 Scope and
Purpose
This regulation construes in two
respects the provisions of the Human Rights Act prohibiting discrimination in
employment based on an individual's "unfavorable military
discharge." It first prescribes a caveat with regard to the statutory
definition of "unfavorable military discharge," addressing a
potential inconsistency in the terms of that definition. Secondly, it
construes the exemption from the prohibition which applies where the employment
"involves the exercise of fiduciary responsibilities as defined by rules
and regulations" of the Department.
 | TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2510
DISCRIMINATION IN EMPLOYMENT BASED ON
UNFAVORABLE MILITARY DISCHARGE
SECTION 2510.20 STATUTORY PROHIBITION
Section 2510.20 Statutory
Prohibition
Section 2-102 of the Illinois
Human Rights Act (Ill. Rev. Stat. 1981, ch. 68, pars. 2-102), prohibits
discrimination in employment in Illinois by employers, labor organizations and
employment agencies. Under Section 1-103(Q) of the Act, unlawful discrimination
includes discrimination based upon a person's "unfavorable discharge from
military service." Section 1-103(P) of the Act defines an unfavorable
military discharge as encompassing any discharge, from any component of the
United States military service, which is less than honorable but not
"Dishonorable." A person who has received a military discharge
falling within those parameters may not, as a result thereof, be subjected to
discrimination except as permitted in an exemption to the Act.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2510
DISCRIMINATION IN EMPLOYMENT BASED ON
UNFAVORABLE MILITARY DISCHARGE
SECTION 2510.30 CAVEAT; RE CODES
Section 2510.30 Caveat; RE
Codes
In defining what constitutes an
"unfavorable military discharge" for purposes of the above
prohibition, Section 1-103(P) of the Act indicates that the term includes
discharges...which are classified as RE-3 or the equivalent thereof, but does
not include those characterized as RE-4 or "Dishonorable." The
RE codes referred to in the definition are used by the armed forces to
designate the reenlistment status of an individual at the time of discharge,
but they do not always correlate exactly with the nature of the individual's
discharge. The RE-4 code is used by most (but not all) branches of the armed
forces to designate that the individual is absolutely barred from
reenlistment. While all persons receiving "Dishonorable" discharges
are likely to be assigned the RE-4 code, that code may also be assigned to an
individual whose discharge is not "Dishonorable." Moreover,
individuals whose discharges have been upgraded by the military review boards
may not have received corresponding changes in their reenlistment codes, since
the review boards are not authorized to alter the codes. Thus strict reliance
on RE codes in evaluating job applicants may lead to results inconsistent with
the legislative intent. Therefore, the nature of the discharge, rather than the
RE code, should be regarded as the controlling factor.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2510
DISCRIMINATION IN EMPLOYMENT BASED ON
UNFAVORABLE MILITARY DISCHARGE
SECTION 2510.40 EXEMPTION FOR EMPLOYMENT INVOLVING FIDUCIARY RESPONSIBILITIES
Section 2510.40 Exemption
for Employment Involving Fiduciary Responsibilities
Section 2-104(C) of the Human
Rights Act (Ill. Rev. Stat. 1981, ch. 68, par 2-104(C)), provides that an
individual who has received an unfavorable discharge from military service may
be excluded from a particular job as 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. The term "fiduciary responsibilities" in this context
applies where the nature of the employment requires that the employee be
entrusted with the discretionary safekeeping or disposition of currency,
negotiable instruments or other valuable property, without supervision and
under circumstances where great trust, confidence and good faith are
necessarily attendant. Examples may include a trustee, guardian, broker,
conservator, curator, receiver, partner, corporate or public officer, or
business agent, where the foregoing characteristics exist. The mere handling
of or access to currency or negotiable instruments is not sufficient to establish
"fiduciary responsibilities." Examples which will not ordinarily
qualify may include a retail salesperson, insurance salesperson or collector,
customer service representative, clerk or cashier, service station attendant,
ticket agent, librarian, teller, or appliance installer or repair person.
Except where a particular position or assignment requires the discretionary
handling of valuables amid great trust, law enforcement and fire personnel do
not exercise "fiduciary responsibilities" within the meaning of
Section 2-104(C).
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