Illinois General Assembly - Full Text of HB0121
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Full Text of HB0121  102nd General Assembly

HB0121enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0121 EnrolledLRB102 02562 LNS 12564 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Sections 1-102, 2-101, 2-102, 2-104, and 6-101 as
6follows:
 
7    (775 ILCS 5/1-102)  (from Ch. 68, par. 1-102)
8    Sec. 1-102. Declaration of Policy. It is the public
9policy of this State:
10    (A) Freedom from Unlawful Discrimination. To secure for
11all individuals within Illinois the freedom from
12discrimination against any individual because of his or her
13race, color, religion, sex, national origin, ancestry, age,
14order of protection status, marital status, physical or mental
15disability, military status, sexual orientation, pregnancy, or
16unfavorable discharge from military service in connection with
17employment, real estate transactions, access to financial
18credit, and the availability of public accommodations.
19    (B) Freedom from Sexual Harassment-Employment and
20Elementary, Secondary, and Higher Education. To prevent sexual
21harassment in employment and sexual harassment in elementary,
22secondary, and higher education.
23    (C) Freedom from Discrimination Based on Citizenship

 

 

HB0121 Enrolled- 2 -LRB102 02562 LNS 12564 b

1Status-Employment. To prevent discrimination based on
2citizenship status in employment.
3    (C-5) Freedom from Discrimination Based on Work
4Authorization Status-Employment. To prevent discrimination
5based on the specific status or term of status that
6accompanies a legal work authorization.
7    (D) Freedom from Discrimination Based on Familial
8Status-Real Estate Transactions. To prevent discrimination
9based on familial status in real estate transactions.
10    (E) Public Health, Welfare and Safety. To promote the
11public health, welfare and safety by protecting the interest
12of all people in Illinois in maintaining personal dignity, in
13realizing their full productive capacities, and in furthering
14their interests, rights and privileges as citizens of this
15State.
16    (F) Implementation of Constitutional Guarantees. To secure
17and guarantee the rights established by Sections 17, 18 and 19
18of Article I of the Illinois Constitution of 1970.
19    (G) Equal Opportunity, Affirmative Action. To establish
20Equal Opportunity and Affirmative Action as the policies of
21this State in all of its decisions, programs and activities,
22and to assure that all State departments, boards, commissions
23and instrumentalities rigorously take affirmative action to
24provide equality of opportunity and eliminate the effects of
25past discrimination in the internal affairs of State
26government and in their relations with the public.

 

 

HB0121 Enrolled- 3 -LRB102 02562 LNS 12564 b

1    (H) Unfounded Charges. To protect citizens of this State
2against unfounded charges of unlawful discrimination, sexual
3harassment in employment and sexual harassment in elementary,
4secondary, and higher education, and discrimination based on
5citizenship status or work authorization status in employment.
6(Source: P.A. 98-1050, eff. 1-1-15.)
 
7    (775 ILCS 5/2-101)
8    Sec. 2-101. Definitions. The following definitions are
9applicable strictly in the context of this Article.
10    (A) Employee.
11        (1) "Employee" includes:
12            (a) Any individual performing services for
13        remuneration within this State for an employer;
14            (b) An apprentice;
15            (c) An applicant for any apprenticeship.
16        For purposes of subsection (D) of Section 2-102 of
17    this Act, "employee" also includes an unpaid intern. An
18    unpaid intern is a person who performs work for an
19    employer under the following circumstances:
20            (i) the employer is not committed to hiring the
21        person performing the work at the conclusion of the
22        intern's tenure;
23            (ii) the employer and the person performing the
24        work agree that the person is not entitled to wages for
25        the work performed; and

 

 

HB0121 Enrolled- 4 -LRB102 02562 LNS 12564 b

1            (iii) the work performed:
2                (I) supplements training given in an
3            educational environment that may enhance the
4            employability of the intern;
5                (II) provides experience for the benefit of
6            the person performing the work;
7                (III) does not displace regular employees;
8                (IV) is performed under the close supervision
9            of existing staff; and
10                (V) provides no immediate advantage to the
11            employer providing the training and may
12            occasionally impede the operations of the
13            employer.
14        (2) "Employee" does not include:
15            (a) (Blank);
16            (b) Individuals employed by persons who are not
17        "employers" as defined by this Act;
18            (c) Elected public officials or the members of
19        their immediate personal staffs;
20            (d) Principal administrative officers of the State
21        or of any political subdivision, municipal corporation
22        or other governmental unit or agency;
23            (e) A person in a vocational rehabilitation
24        facility certified under federal law who has been
25        designated an evaluee, trainee, or work activity
26        client.

 

 

HB0121 Enrolled- 5 -LRB102 02562 LNS 12564 b

1    (B) Employer.
2        (1) "Employer" includes:
3            (a) Any person employing one or more employees
4        within Illinois during 20 or more calendar weeks
5        within the calendar year of or preceding the alleged
6        violation;
7            (b) Any person employing one or more employees
8        when a complainant alleges civil rights violation due
9        to unlawful discrimination based upon his or her
10        physical or mental disability unrelated to ability,
11        pregnancy, or sexual harassment;
12            (c) The State and any political subdivision,
13        municipal corporation or other governmental unit or
14        agency, without regard to the number of employees;
15            (d) Any party to a public contract without regard
16        to the number of employees;
17            (e) A joint apprenticeship or training committee
18        without regard to the number of employees.
19        (2) "Employer" does not include any place of worship,
20    religious corporation, association, educational
21    institution, society, or non-profit nursing institution
22    conducted by and for those who rely upon treatment by
23    prayer through spiritual means in accordance with the
24    tenets of a recognized church or religious denomination
25    with respect to the employment of individuals of a
26    particular religion to perform work connected with the

 

 

HB0121 Enrolled- 6 -LRB102 02562 LNS 12564 b

1    carrying on by such place of worship, corporation,
2    association, educational institution, society or
3    non-profit nursing institution of its activities.
4    (C) Employment Agency. "Employment Agency" includes both
5public and private employment agencies and any person, labor
6organization, or labor union having a hiring hall or hiring
7office regularly undertaking, with or without compensation, to
8procure opportunities to work, or to procure, recruit, refer
9or place employees.
10    (D) Labor Organization. "Labor Organization" includes any
11organization, labor union, craft union, or any voluntary
12unincorporated association designed to further the cause of
13the rights of union labor which is constituted for the
14purpose, in whole or in part, of collective bargaining or of
15dealing with employers concerning grievances, terms or
16conditions of employment, or apprenticeships or applications
17for apprenticeships, or of other mutual aid or protection in
18connection with employment, including apprenticeships or
19applications for apprenticeships.
20    (E) Sexual Harassment. "Sexual harassment" means any
21unwelcome sexual advances or requests for sexual favors or any
22conduct of a sexual nature when (1) submission to such conduct
23is made either explicitly or implicitly a term or condition of
24an individual's employment, (2) submission to or rejection of
25such conduct by an individual is used as the basis for
26employment decisions affecting such individual, or (3) such

 

 

HB0121 Enrolled- 7 -LRB102 02562 LNS 12564 b

1conduct has the purpose or effect of substantially interfering
2with an individual's work performance or creating an
3intimidating, hostile or offensive working environment.
4    For purposes of this definition, the phrase "working
5environment" is not limited to a physical location an employee
6is assigned to perform his or her duties.
7    (E-1) Harassment. "Harassment" means any unwelcome conduct
8on the basis of an individual's actual or perceived race,
9color, religion, national origin, ancestry, age, sex, marital
10status, order of protection status, disability, military
11status, sexual orientation, pregnancy, unfavorable discharge
12from military service, or citizenship status, or work
13authorization status that has the purpose or effect of
14substantially interfering with the individual's work
15performance or creating an intimidating, hostile, or offensive
16working environment. For purposes of this definition, the
17phrase "working environment" is not limited to a physical
18location an employee is assigned to perform his or her duties.
19    (F) Religion. "Religion" with respect to employers
20includes all aspects of religious observance and practice, as
21well as belief, unless an employer demonstrates that he is
22unable to reasonably accommodate an employee's or prospective
23employee's religious observance or practice without undue
24hardship on the conduct of the employer's business.
25    (G) Public Employer. "Public employer" means the State, an
26agency or department thereof, unit of local government, school

 

 

HB0121 Enrolled- 8 -LRB102 02562 LNS 12564 b

1district, instrumentality or political subdivision.
2    (H) Public Employee. "Public employee" means an employee
3of the State, agency or department thereof, unit of local
4government, school district, instrumentality or political
5subdivision. "Public employee" does not include public
6officers or employees of the General Assembly or agencies
7thereof.
8    (I) Public Officer. "Public officer" means a person who is
9elected to office pursuant to the Constitution or a statute or
10ordinance, or who is appointed to an office which is
11established, and the qualifications and duties of which are
12prescribed, by the Constitution or a statute or ordinance, to
13discharge a public duty for the State, agency or department
14thereof, unit of local government, school district,
15instrumentality or political subdivision.
16    (J) Eligible Bidder. "Eligible bidder" means a person who,
17prior to contract award or prior to bid opening for State
18contracts for construction or construction-related services,
19has filed with the Department a properly completed, sworn and
20currently valid employer report form, pursuant to the
21Department's regulations. The provisions of this Article
22relating to eligible bidders apply only to bids on contracts
23with the State and its departments, agencies, boards, and
24commissions, and the provisions do not apply to bids on
25contracts with units of local government or school districts.
26    (K) Citizenship Status. "Citizenship status" means the

 

 

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1status of being:
2        (1) a born U.S. citizen;
3        (2) a naturalized U.S. citizen;
4        (3) a U.S. national; or
5        (4) a person born outside the United States and not a
6    U.S. citizen who is not an unauthorized alien and who is
7    protected from discrimination under the provisions of
8    Section 1324b of Title 8 of the United States Code, as now
9    or hereafter amended.
10    (L) Work Authorization Status. "Work authorization status"
11means the status of being a person born outside of the United
12States, and not a U.S. citizen, who is authorized by the
13federal government to work in the United States.
14(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20;
15101-430, eff. 7-1-20; revised 8-4-20.)
 
16    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
17    Sec. 2-102. Civil rights violations - employment. It is a
18civil rights violation:
19        (A) Employers. For any employer to refuse to hire, to
20    segregate, to engage in harassment as defined in
21    subsection (E-1) of Section 2-101, or to act with respect
22    to recruitment, hiring, promotion, renewal of employment,
23    selection for training or apprenticeship, discharge,
24    discipline, tenure or terms, privileges or conditions of
25    employment on the basis of unlawful discrimination, or

 

 

HB0121 Enrolled- 10 -LRB102 02562 LNS 12564 b

1    citizenship status, or work authorization status. An
2    employer is responsible for harassment by the employer's
3    nonmanagerial and nonsupervisory employees only if the
4    employer becomes aware of the conduct and fails to take
5    reasonable corrective measures.
6        (A-5) Language. For an employer to impose a
7    restriction that has the effect of prohibiting a language
8    from being spoken by an employee in communications that
9    are unrelated to the employee's duties.
10        For the purposes of this subdivision (A-5), "language"
11    means a person's native tongue, such as Polish, Spanish,
12    or Chinese. "Language" does not include such things as
13    slang, jargon, profanity, or vulgarity.
14        (A-10) Harassment of nonemployees. For any employer,
15    employment agency, or labor organization to engage in
16    harassment of nonemployees in the workplace. An employer
17    is responsible for harassment of nonemployees by the
18    employer's nonmanagerial and nonsupervisory employees only
19    if the employer becomes aware of the conduct and fails to
20    take reasonable corrective measures. For the purposes of
21    this subdivision (A-10), "nonemployee" means a person who
22    is not otherwise an employee of the employer and is
23    directly performing services for the employer pursuant to
24    a contract with that employer. "Nonemployee" includes
25    contractors and consultants. This subdivision applies to
26    harassment occurring on or after the effective date of

 

 

HB0121 Enrolled- 11 -LRB102 02562 LNS 12564 b

1    this amendatory Act of the 101st General Assembly.
2        (B) Employment agency. For any employment agency to
3    fail or refuse to classify properly, accept applications
4    and register for employment referral or apprenticeship
5    referral, refer for employment, or refer for
6    apprenticeship on the basis of unlawful discrimination, or
7    citizenship status, or work authorization status or to
8    accept from any person any job order, requisition or
9    request for referral of applicants for employment or
10    apprenticeship which makes or has the effect of making
11    unlawful discrimination or discrimination on the basis of
12    citizenship status or work authorization status a
13    condition of referral.
14        (C) Labor organization. For any labor organization to
15    limit, segregate or classify its membership, or to limit
16    employment opportunities, selection and training for
17    apprenticeship in any trade or craft, or otherwise to
18    take, or fail to take, any action which affects adversely
19    any person's status as an employee or as an applicant for
20    employment or as an apprentice, or as an applicant for
21    apprenticeships, or wages, tenure, hours of employment or
22    apprenticeship conditions on the basis of unlawful
23    discrimination, or citizenship status, or work
24    authorization status.
25        (D) Sexual harassment. For any employer, employee,
26    agent of any employer, employment agency or labor

 

 

HB0121 Enrolled- 12 -LRB102 02562 LNS 12564 b

1    organization to engage in sexual harassment; provided,
2    that an employer shall be responsible for sexual
3    harassment of the employer's employees by nonemployees or
4    nonmanagerial and nonsupervisory employees only if the
5    employer becomes aware of the conduct and fails to take
6    reasonable corrective measures.
7        (D-5) Sexual harassment of nonemployees. For any
8    employer, employee, agent of any employer, employment
9    agency, or labor organization to engage in sexual
10    harassment of nonemployees in the workplace. An employer
11    is responsible for sexual harassment of nonemployees by
12    the employer's nonmanagerial and nonsupervisory employees
13    only if the employer becomes aware of the conduct and
14    fails to take reasonable corrective measures. For the
15    purposes of this subdivision (D-5), "nonemployee" means a
16    person who is not otherwise an employee of the employer
17    and is directly performing services for the employer
18    pursuant to a contract with that employer. "Nonemployee"
19    includes contractors and consultants. This subdivision
20    applies to sexual harassment occurring on or after the
21    effective date of this amendatory Act of the 101st General
22    Assembly.
23        (E) Public employers. For any public employer to
24    refuse to permit a public employee under its jurisdiction
25    who takes time off from work in order to practice his or
26    her religious beliefs to engage in work, during hours

 

 

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1    other than such employee's regular working hours,
2    consistent with the operational needs of the employer and
3    in order to compensate for work time lost for such
4    religious reasons. Any employee who elects such deferred
5    work shall be compensated at the wage rate which he or she
6    would have earned during the originally scheduled work
7    period. The employer may require that an employee who
8    plans to take time off from work in order to practice his
9    or her religious beliefs provide the employer with a
10    notice of his or her intention to be absent from work not
11    exceeding 5 days prior to the date of absence.
12        (E-5) Religious discrimination. For any employer to
13    impose upon a person as a condition of obtaining or
14    retaining employment, including opportunities for
15    promotion, advancement, or transfer, any terms or
16    conditions that would require such person to violate or
17    forgo a sincerely held practice of his or her religion
18    including, but not limited to, the wearing of any attire,
19    clothing, or facial hair in accordance with the
20    requirements of his or her religion, unless, after
21    engaging in a bona fide effort, the employer demonstrates
22    that it is unable to reasonably accommodate the employee's
23    or prospective employee's sincerely held religious belief,
24    practice, or observance without undue hardship on the
25    conduct of the employer's business.
26        Nothing in this Section prohibits an employer from

 

 

HB0121 Enrolled- 14 -LRB102 02562 LNS 12564 b

1    enacting a dress code or grooming policy that may include
2    restrictions on attire, clothing, or facial hair to
3    maintain workplace safety or food sanitation.
4        (F) Training and apprenticeship programs. For any
5    employer, employment agency or labor organization to
6    discriminate against a person on the basis of age in the
7    selection, referral for or conduct of apprenticeship or
8    training programs.
9        (G) Immigration-related practices.
10            (1) for an employer to request for purposes of
11        satisfying the requirements of Section 1324a(b) of
12        Title 8 of the United States Code, as now or hereafter
13        amended, more or different documents than are required
14        under such Section or to refuse to honor documents
15        tendered that on their face reasonably appear to be
16        genuine or to refuse to honor work authorization based
17        upon the specific status or term of status that
18        accompanies the authorization to work; or
19            (2) for an employer participating in the E-Verify
20        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
21        Programs for Employment Eligibility Confirmation
22        (enacted by PL 104-208, div. C title IV, subtitle A) to
23        refuse to hire, to segregate, or to act with respect to
24        recruitment, hiring, promotion, renewal of employment,
25        selection for training or apprenticeship, discharge,
26        discipline, tenure or terms, privileges or conditions

 

 

HB0121 Enrolled- 15 -LRB102 02562 LNS 12564 b

1        of employment without following the procedures under
2        the E-Verify Program.
3        (H) (Blank).
4        (I) Pregnancy. For an employer to refuse to hire, to
5    segregate, or to act with respect to recruitment, hiring,
6    promotion, renewal of employment, selection for training
7    or apprenticeship, discharge, discipline, tenure or terms,
8    privileges or conditions of employment on the basis of
9    pregnancy, childbirth, or medical or common conditions
10    related to pregnancy or childbirth. Women affected by
11    pregnancy, childbirth, or medical or common conditions
12    related to pregnancy or childbirth shall be treated the
13    same for all employment-related purposes, including
14    receipt of benefits under fringe benefit programs, as
15    other persons not so affected but similar in their ability
16    or inability to work, regardless of the source of the
17    inability to work or employment classification or status.
18        (J) Pregnancy; reasonable accommodations.
19            (1) If after a job applicant or employee,
20        including a part-time, full-time, or probationary
21        employee, requests a reasonable accommodation, for an
22        employer to not make reasonable accommodations for any
23        medical or common condition of a job applicant or
24        employee related to pregnancy or childbirth, unless
25        the employer can demonstrate that the accommodation
26        would impose an undue hardship on the ordinary

 

 

HB0121 Enrolled- 16 -LRB102 02562 LNS 12564 b

1        operation of the business of the employer. The
2        employer may request documentation from the employee's
3        health care provider concerning the need for the
4        requested reasonable accommodation or accommodations
5        to the same extent documentation is requested for
6        conditions related to disability if the employer's
7        request for documentation is job-related and
8        consistent with business necessity. The employer may
9        require only the medical justification for the
10        requested accommodation or accommodations, a
11        description of the reasonable accommodation or
12        accommodations medically advisable, the date the
13        reasonable accommodation or accommodations became
14        medically advisable, and the probable duration of the
15        reasonable accommodation or accommodations. It is the
16        duty of the individual seeking a reasonable
17        accommodation or accommodations to submit to the
18        employer any documentation that is requested in
19        accordance with this paragraph. Notwithstanding the
20        provisions of this paragraph, the employer may require
21        documentation by the employee's health care provider
22        to determine compliance with other laws. The employee
23        and employer shall engage in a timely, good faith, and
24        meaningful exchange to determine effective reasonable
25        accommodations.
26            (2) For an employer to deny employment

 

 

HB0121 Enrolled- 17 -LRB102 02562 LNS 12564 b

1        opportunities or benefits to or take adverse action
2        against an otherwise qualified job applicant or
3        employee, including a part-time, full-time, or
4        probationary employee, if the denial or adverse action
5        is based on the need of the employer to make reasonable
6        accommodations to the known medical or common
7        conditions related to the pregnancy or childbirth of
8        the applicant or employee.
9            (3) For an employer to require a job applicant or
10        employee, including a part-time, full-time, or
11        probationary employee, affected by pregnancy,
12        childbirth, or medical or common conditions related to
13        pregnancy or childbirth to accept an accommodation
14        when the applicant or employee did not request an
15        accommodation and the applicant or employee chooses
16        not to accept the employer's accommodation.
17            (4) For an employer to require an employee,
18        including a part-time, full-time, or probationary
19        employee, to take leave under any leave law or policy
20        of the employer if another reasonable accommodation
21        can be provided to the known medical or common
22        conditions related to the pregnancy or childbirth of
23        an employee. No employer shall fail or refuse to
24        reinstate the employee affected by pregnancy,
25        childbirth, or medical or common conditions related to
26        pregnancy or childbirth to her original job or to an

 

 

HB0121 Enrolled- 18 -LRB102 02562 LNS 12564 b

1        equivalent position with equivalent pay and
2        accumulated seniority, retirement, fringe benefits,
3        and other applicable service credits upon her
4        signifying her intent to return or when her need for
5        reasonable accommodation ceases, unless the employer
6        can demonstrate that the accommodation would impose an
7        undue hardship on the ordinary operation of the
8        business of the employer.
9        For the purposes of this subdivision (J), "reasonable
10    accommodations" means reasonable modifications or
11    adjustments to the job application process or work
12    environment, or to the manner or circumstances under which
13    the position desired or held is customarily performed,
14    that enable an applicant or employee affected by
15    pregnancy, childbirth, or medical or common conditions
16    related to pregnancy or childbirth to be considered for
17    the position the applicant desires or to perform the
18    essential functions of that position, and may include, but
19    is not limited to: more frequent or longer bathroom
20    breaks, breaks for increased water intake, and breaks for
21    periodic rest; private non-bathroom space for expressing
22    breast milk and breastfeeding; seating; assistance with
23    manual labor; light duty; temporary transfer to a less
24    strenuous or hazardous position; the provision of an
25    accessible worksite; acquisition or modification of
26    equipment; job restructuring; a part-time or modified work

 

 

HB0121 Enrolled- 19 -LRB102 02562 LNS 12564 b

1    schedule; appropriate adjustment or modifications of
2    examinations, training materials, or policies;
3    reassignment to a vacant position; time off to recover
4    from conditions related to childbirth; and leave
5    necessitated by pregnancy, childbirth, or medical or
6    common conditions resulting from pregnancy or childbirth.
7        For the purposes of this subdivision (J), "undue
8    hardship" means an action that is prohibitively expensive
9    or disruptive when considered in light of the following
10    factors: (i) the nature and cost of the accommodation
11    needed; (ii) the overall financial resources of the
12    facility or facilities involved in the provision of the
13    reasonable accommodation, the number of persons employed
14    at the facility, the effect on expenses and resources, or
15    the impact otherwise of the accommodation upon the
16    operation of the facility; (iii) the overall financial
17    resources of the employer, the overall size of the
18    business of the employer with respect to the number of its
19    employees, and the number, type, and location of its
20    facilities; and (iv) the type of operation or operations
21    of the employer, including the composition, structure, and
22    functions of the workforce of the employer, the geographic
23    separateness, administrative, or fiscal relationship of
24    the facility or facilities in question to the employer.
25    The employer has the burden of proving undue hardship. The
26    fact that the employer provides or would be required to

 

 

HB0121 Enrolled- 20 -LRB102 02562 LNS 12564 b

1    provide a similar accommodation to similarly situated
2    employees creates a rebuttable presumption that the
3    accommodation does not impose an undue hardship on the
4    employer.
5        No employer is required by this subdivision (J) to
6    create additional employment that the employer would not
7    otherwise have created, unless the employer does so or
8    would do so for other classes of employees who need
9    accommodation. The employer is not required to discharge
10    any employee, transfer any employee with more seniority,
11    or promote any employee who is not qualified to perform
12    the job, unless the employer does so or would do so to
13    accommodate other classes of employees who need it.
14        (K) Notice.
15            (1) For an employer to fail to post or keep posted
16        in a conspicuous location on the premises of the
17        employer where notices to employees are customarily
18        posted, or fail to include in any employee handbook
19        information concerning an employee's rights under this
20        Article, a notice, to be prepared or approved by the
21        Department, summarizing the requirements of this
22        Article and information pertaining to the filing of a
23        charge, including the right to be free from unlawful
24        discrimination, the right to be free from sexual
25        harassment, and the right to certain reasonable
26        accommodations. The Department shall make the

 

 

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1        documents required under this paragraph available for
2        retrieval from the Department's website.
3            (2) Upon notification of a violation of paragraph
4        (1) of this subdivision (K), the Department may launch
5        a preliminary investigation. If the Department finds a
6        violation, the Department may issue a notice to show
7        cause giving the employer 30 days to correct the
8        violation. If the violation is not corrected, the
9        Department may initiate a charge of a civil rights
10        violation.
11(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18;
12101-221, eff. 1-1-20.)
 
13    (775 ILCS 5/2-104)  (from Ch. 68, par. 2-104)
14    Sec. 2-104. Exemptions.
15    (A) Nothing contained in this Act shall prohibit an
16employer, employment agency, or labor organization from:
17        (1) Bona Fide Qualification. Hiring or selecting
18    between persons for bona fide occupational qualifications
19    or any reason except those civil-rights violations
20    specifically identified in this Article.
21        (2) Veterans. Giving preferential treatment to
22    veterans and their relatives as required by the laws or
23    regulations of the United States or this State or a unit of
24    local government, or pursuant to a private employer's
25    voluntary veterans' preference employment policy

 

 

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1    authorized by the Veterans Preference in Private
2    Employment Act.
3        (3) Unfavorable Discharge From Military Service.
4            (a) Using unfavorable discharge from military
5        service as a valid employment criterion when
6        authorized by federal law or regulation or when a
7        position of employment involves the exercise of
8        fiduciary responsibilities as defined by rules and
9        regulations which the Department shall adopt; or
10            (b) Participating in a bona fide recruiting
11        incentive program, sponsored by a branch of the United
12        States Armed Forces, a reserve component of the United
13        States Armed Forces, or any National Guard or Naval
14        Militia, where participation in the program is limited
15        by the sponsoring branch based upon the service
16        member's discharge status.
17        (4) Ability Tests. Giving or acting upon the results
18    of any professionally developed ability test provided that
19    such test, its administration, or action upon the results,
20    is not used as a subterfuge for or does not have the effect
21    of unlawful discrimination.
22        (5) Merit and Retirement Systems.
23            (a) Applying different standards of compensation,
24        or different terms, conditions or privileges of
25        employment pursuant to a merit or retirement system
26        provided that such system or its administration is not

 

 

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1        used as a subterfuge for or does not have the effect of
2        unlawful discrimination.
3            (b) Effecting compulsory retirement of any
4        employee who has attained 65 years of age and who, for
5        the 2-year period immediately preceding retirement, is
6        employed in a bona fide executive or a high
7        policymaking position, if such employee is entitled to
8        an immediate nonforfeitable annual retirement benefit
9        from a pension, profit-sharing, savings, or deferred
10        compensation plan, or any combination of such plans of
11        the employer of such employee, which equals, in the
12        aggregate, at least $44,000. If any such retirement
13        benefit is in a form other than a straight life annuity
14        (with no ancillary benefits) or if the employees
15        contribute to any such plan or make rollover
16        contributions, the retirement benefit shall be
17        adjusted in accordance with regulations prescribed by
18        the Department, so that the benefit is the equivalent
19        of a straight life annuity (with no ancillary
20        benefits) under a plan to which employees do not
21        contribute and under which no rollover contributions
22        are made.
23            (c) Until January 1, 1994, effecting compulsory
24        retirement of any employee who has attained 70 years
25        of age, and who is serving under a contract of
26        unlimited tenure (or similar arrangement providing for

 

 

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1        unlimited tenure) at an institution of higher
2        education as defined by Section 1201(a) of the Higher
3        Education Act of 1965.
4        (6) Training and Apprenticeship programs. Establishing
5    an educational requirement as a prerequisite to selection
6    for a training or apprenticeship program, provided such
7    requirement does not operate to discriminate on the basis
8    of any prohibited classification except age.
9        (7) Police and Firefighter/Paramedic Retirement.
10    Imposing a mandatory retirement age for
11    firefighters/paramedics or law enforcement officers and
12    discharging or retiring such individuals pursuant to the
13    mandatory retirement age if such action is taken pursuant
14    to a bona fide retirement plan provided that the law
15    enforcement officer or firefighter/paramedic has attained:
16            (a) the age of retirement in effect under
17        applicable State or local law on March 3, 1983; or
18            (b) if the applicable State or local law was
19        enacted after the date of enactment of the federal Age
20        Discrimination in Employment Act Amendments of 1996
21        (P.L. 104-208), the age of retirement in effect on the
22        date of such discharge under such law.
23        This paragraph (7) shall not apply with respect to any
24    cause of action arising under the Illinois Human Rights
25    Act as in effect prior to the effective date of this
26    amendatory Act of 1997.

 

 

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1        (8) Police and Firefighter/Paramedic Appointment.
2    Failing or refusing to hire any individual because of such
3    individual's age if such action is taken with respect to
4    the employment of an individual as a firefighter/paramedic
5    or as a law enforcement officer and the individual has
6    attained:
7            (a) the age of hiring or appointment in effect
8        under applicable State or local law on March 3, 1983;
9        or
10            (b) the age of hiring in effect on the date of such
11        failure or refusal to hire under applicable State or
12        local law enacted after the date of enactment of the
13        federal Age Discrimination in Employment Act
14        Amendments of 1996 (P.L. 104-208).
15        As used in paragraph (7) or (8):
16        "Firefighter/paramedic" means an employee, the duties
17    of whose position are primarily to perform work directly
18    connected with the control and extinguishment of fires or
19    the maintenance and use of firefighting apparatus and
20    equipment, or to provide emergency medical services,
21    including an employee engaged in this activity who is
22    transferred to a supervisory or administrative position.
23        "Law enforcement officer" means an employee, the
24    duties of whose position are primarily the investigation,
25    apprehension, or detention of individuals suspected or
26    convicted of criminal offenses, including an employee

 

 

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1    engaged in this activity who is transferred to a
2    supervisory or administrative position.
3        (9) Citizenship Status. Making legitimate distinctions
4    based on citizenship status if specifically authorized or
5    required by State or federal law.
6    (B) With respect to any employee who is subject to a
7collective bargaining agreement:
8        (a) which is in effect on June 30, 1986,
9        (b) which terminates after January 1, 1987,
10        (c) any provision of which was entered into by a labor
11    organization as defined by Section 6(d)(4) of the Fair
12    Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and
13        (d) which contains any provision that would be
14    superseded by Public Act 85-748,
15Public Act 85-748 shall not apply until the termination of
16such collective bargaining agreement or January 1, 1990,
17whichever occurs first.
18    (C)(1) For purposes of this Act, the term "disability"
19shall not include any employee or applicant who is currently
20engaging in the illegal use of drugs, when an employer acts on
21the basis of such use.
22    (2) Paragraph (1) shall not apply where an employee or
23applicant for employment:
24        (a) has successfully completed a supervised drug
25    rehabilitation program and is no longer engaging in the
26    illegal use of drugs, or has otherwise been rehabilitated

 

 

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1    successfully and is no longer engaging in such use;
2        (b) is participating in a supervised rehabilitation
3    program and is no longer engaging in such use; or
4        (c) is erroneously regarded as engaging in such use,
5    but is not engaging in such use.
6    It shall not be a violation of this Act for an employer to
7adopt or administer reasonable policies or procedures,
8including but not limited to drug testing, designed to ensure
9that an individual described in subparagraph (a) or (b) is no
10longer engaging in the illegal use of drugs.
11    (3) An employer:
12        (a) may prohibit the illegal use of drugs and the use
13    of alcohol at the workplace by all employees;
14        (b) may require that employees shall not be under the
15    influence of alcohol or be engaging in the illegal use of
16    drugs at the workplace;
17        (c) may require that employees behave in conformance
18    with the requirements established under the federal
19    Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.)
20    and the Drug Free Workplace Act;
21        (d) may hold an employee who engages in the illegal
22    use of drugs or who is an alcoholic to the same
23    qualification standards for employment or job performance
24    and behavior that such employer holds other employees,
25    even if any unsatisfactory performance or behavior is
26    related to the drug use or alcoholism of such employee;

 

 

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1    and
2        (e) may, with respect to federal regulations regarding
3    alcohol and the illegal use of drugs, require that:
4            (i) employees comply with the standards
5        established in such regulations of the United States
6        Department of Defense, if the employees of the
7        employer are employed in an industry subject to such
8        regulations, including complying with regulations (if
9        any) that apply to employment in sensitive positions
10        in such an industry, in the case of employees of the
11        employer who are employed in such positions (as
12        defined in the regulations of the Department of
13        Defense);
14            (ii) employees comply with the standards
15        established in such regulations of the Nuclear
16        Regulatory Commission, if the employees of the
17        employer are employed in an industry subject to such
18        regulations, including complying with regulations (if
19        any) that apply to employment in sensitive positions
20        in such an industry, in the case of employees of the
21        employer who are employed in such positions (as
22        defined in the regulations of the Nuclear Regulatory
23        Commission); and
24            (iii) employees comply with the standards
25        established in such regulations of the United States
26        Department of Transportation, if the employees of the

 

 

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1        employer are employed in a transportation industry
2        subject to such regulations, including complying with
3        such regulations (if any) that apply to employment in
4        sensitive positions in such an industry, in the case
5        of employees of the employer who are employed in such
6        positions (as defined in the regulations of the United
7        States Department of Transportation).
8    (4) For purposes of this Act, a test to determine the
9illegal use of drugs shall not be considered a medical
10examination. Nothing in this Act shall be construed to
11encourage, prohibit, or authorize the conducting of drug
12testing for the illegal use of drugs by job applicants or
13employees or making employment decisions based on such test
14results.
15    (5) Nothing in this Act shall be construed to encourage,
16prohibit, restrict, or authorize the otherwise lawful exercise
17by an employer subject to the jurisdiction of the United
18States Department of Transportation of authority to:
19        (a) test employees of such employer in, and applicants
20    for, positions involving safety-sensitive duties for the
21    illegal use of drugs and for on-duty impairment by
22    alcohol; and
23        (b) remove such persons who test positive for illegal
24    use of drugs and on-duty impairment by alcohol pursuant to
25    subparagraph (a) from safety-sensitive duties in
26    implementing paragraph (3).

 

 

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1    (D) Nothing contained in this Act shall require an
2employer to sponsor, either monetarily or otherwise, any
3applicant or employee to obtain or modify work authorization
4status, unless otherwise required by federal law.
5(Source: P.A. 99-152, eff. 1-1-16, 99-165, eff. 7-28-15;
699-642, eff. 7-28-16.)
 
7    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
8    Sec. 6-101. Additional Civil Rights Violations. It is a
9civil rights violation for a person, or for 2 two or more
10persons to conspire, to:
11        (A) Retaliation. Retaliate against a person because he
12    or she has opposed that which he or she reasonably and in
13    good faith believes to be unlawful discrimination, sexual
14    harassment in employment or sexual harassment in
15    elementary, secondary, and higher education, or
16    discrimination based on citizenship status or work
17    authorization status in employment, because he or she has
18    made a charge, filed a complaint, testified, assisted, or
19    participated in an investigation, proceeding, or hearing
20    under this Act, or because he or she has requested,
21    attempted to request, used, or attempted to use a
22    reasonable accommodation as allowed by this Act;
23        (B) Aiding and Abetting; Coercion. Aid, abet, compel
24    or coerce a person to commit any violation of this Act;
25        (C) Interference. Wilfully interfere with the

 

 

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1    performance of a duty or the exercise of a power by the
2    Commission or one of its members or representatives or the
3    Department or one of its officers or employees.
4    Definitions. For the purposes of this Section, "sexual
5harassment", and "citizenship status", and "work authorization
6status" shall have the same meaning as defined in Section
72-101 of this Act.
8(Source: P.A. 97-333, eff. 8-12-11; 98-1050, eff. 1-1-15.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.