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

HB0121sam001 102ND GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 4/28/2021

 

 


 

 


 
10200HB0121sam001LRB102 02562 LNS 24460 a

1
AMENDMENT TO HOUSE BILL 121

2    AMENDMENT NO. ______. Amend House Bill 121 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10200HB0121sam001- 2 -LRB102 02562 LNS 24460 a

1employment, real estate transactions, access to financial
2credit, and the availability of public accommodations.
3    (B) Freedom from Sexual Harassment-Employment and
4Elementary, Secondary, and Higher Education. To prevent sexual
5harassment in employment and sexual harassment in elementary,
6secondary, and higher education.
7    (C) Freedom from Discrimination Based on Citizenship
8Status-Employment. To prevent discrimination based on
9citizenship status in employment.
10    (C-5) Freedom from Discrimination Based on Work
11Authorization Status-Employment. To prevent discrimination
12based on the specific status or term of status that
13accompanies a legal work authorization.
14    (D) Freedom from Discrimination Based on Familial
15Status-Real Estate Transactions. To prevent discrimination
16based on familial status in real estate transactions.
17    (E) Public Health, Welfare and Safety. To promote the
18public health, welfare and safety by protecting the interest
19of all people in Illinois in maintaining personal dignity, in
20realizing their full productive capacities, and in furthering
21their interests, rights and privileges as citizens of this
22State.
23    (F) Implementation of Constitutional Guarantees. To secure
24and guarantee the rights established by Sections 17, 18 and 19
25of Article I of the Illinois Constitution of 1970.
26    (G) Equal Opportunity, Affirmative Action. To establish

 

 

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1Equal Opportunity and Affirmative Action as the policies of
2this State in all of its decisions, programs and activities,
3and to assure that all State departments, boards, commissions
4and instrumentalities rigorously take affirmative action to
5provide equality of opportunity and eliminate the effects of
6past discrimination in the internal affairs of State
7government and in their relations with the public.
8    (H) Unfounded Charges. To protect citizens of this State
9against unfounded charges of unlawful discrimination, sexual
10harassment in employment and sexual harassment in elementary,
11secondary, and higher education, and discrimination based on
12citizenship status or work authorization status in employment.
13(Source: P.A. 98-1050, eff. 1-1-15.)
 
14    (775 ILCS 5/2-101)
15    Sec. 2-101. Definitions. The following definitions are
16applicable strictly in the context of this Article.
17    (A) Employee.
18        (1) "Employee" includes:
19            (a) Any individual performing services for
20        remuneration within this State for an employer;
21            (b) An apprentice;
22            (c) An applicant for any apprenticeship.
23        For purposes of subsection (D) of Section 2-102 of
24    this Act, "employee" also includes an unpaid intern. An
25    unpaid intern is a person who performs work for an

 

 

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1    employer under the following circumstances:
2            (i) the employer is not committed to hiring the
3        person performing the work at the conclusion of the
4        intern's tenure;
5            (ii) the employer and the person performing the
6        work agree that the person is not entitled to wages for
7        the work performed; and
8            (iii) the work performed:
9                (I) supplements training given in an
10            educational environment that may enhance the
11            employability of the intern;
12                (II) provides experience for the benefit of
13            the person performing the work;
14                (III) does not displace regular employees;
15                (IV) is performed under the close supervision
16            of existing staff; and
17                (V) provides no immediate advantage to the
18            employer providing the training and may
19            occasionally impede the operations of the
20            employer.
21        (2) "Employee" does not include:
22            (a) (Blank);
23            (b) Individuals employed by persons who are not
24        "employers" as defined by this Act;
25            (c) Elected public officials or the members of
26        their immediate personal staffs;

 

 

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1            (d) Principal administrative officers of the State
2        or of any political subdivision, municipal corporation
3        or other governmental unit or agency;
4            (e) A person in a vocational rehabilitation
5        facility certified under federal law who has been
6        designated an evaluee, trainee, or work activity
7        client.
8    (B) Employer.
9        (1) "Employer" includes:
10            (a) Any person employing one or more employees
11        within Illinois during 20 or more calendar weeks
12        within the calendar year of or preceding the alleged
13        violation;
14            (b) Any person employing one or more employees
15        when a complainant alleges civil rights violation due
16        to unlawful discrimination based upon his or her
17        physical or mental disability unrelated to ability,
18        pregnancy, or sexual harassment;
19            (c) The State and any political subdivision,
20        municipal corporation or other governmental unit or
21        agency, without regard to the number of employees;
22            (d) Any party to a public contract without regard
23        to the number of employees;
24            (e) A joint apprenticeship or training committee
25        without regard to the number of employees.
26        (2) "Employer" does not include any place of worship,

 

 

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1    religious corporation, association, educational
2    institution, society, or non-profit nursing institution
3    conducted by and for those who rely upon treatment by
4    prayer through spiritual means in accordance with the
5    tenets of a recognized church or religious denomination
6    with respect to the employment of individuals of a
7    particular religion to perform work connected with the
8    carrying on by such place of worship, corporation,
9    association, educational institution, society or
10    non-profit nursing institution of its activities.
11    (C) Employment Agency. "Employment Agency" includes both
12public and private employment agencies and any person, labor
13organization, or labor union having a hiring hall or hiring
14office regularly undertaking, with or without compensation, to
15procure opportunities to work, or to procure, recruit, refer
16or place employees.
17    (D) Labor Organization. "Labor Organization" includes any
18organization, labor union, craft union, or any voluntary
19unincorporated association designed to further the cause of
20the rights of union labor which is constituted for the
21purpose, in whole or in part, of collective bargaining or of
22dealing with employers concerning grievances, terms or
23conditions of employment, or apprenticeships or applications
24for apprenticeships, or of other mutual aid or protection in
25connection with employment, including apprenticeships or
26applications for apprenticeships.

 

 

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1    (E) Sexual Harassment. "Sexual harassment" means any
2unwelcome sexual advances or requests for sexual favors or any
3conduct of a sexual nature when (1) submission to such conduct
4is made either explicitly or implicitly a term or condition of
5an individual's employment, (2) submission to or rejection of
6such conduct by an individual is used as the basis for
7employment decisions affecting such individual, or (3) such
8conduct has the purpose or effect of substantially interfering
9with an individual's work performance or creating an
10intimidating, hostile or offensive working environment.
11    For purposes of this definition, the phrase "working
12environment" is not limited to a physical location an employee
13is assigned to perform his or her duties.
14    (E-1) Harassment. "Harassment" means any unwelcome conduct
15on the basis of an individual's actual or perceived race,
16color, religion, national origin, ancestry, age, sex, marital
17status, order of protection status, disability, military
18status, sexual orientation, pregnancy, unfavorable discharge
19from military service, or citizenship status, or work
20authorization status that has the purpose or effect of
21substantially interfering with the individual's work
22performance or creating an intimidating, hostile, or offensive
23working environment. For purposes of this definition, the
24phrase "working environment" is not limited to a physical
25location an employee is assigned to perform his or her duties.
26    (F) Religion. "Religion" with respect to employers

 

 

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1includes all aspects of religious observance and practice, as
2well as belief, unless an employer demonstrates that he is
3unable to reasonably accommodate an employee's or prospective
4employee's religious observance or practice without undue
5hardship on the conduct of the employer's business.
6    (G) Public Employer. "Public employer" means the State, an
7agency or department thereof, unit of local government, school
8district, instrumentality or political subdivision.
9    (H) Public Employee. "Public employee" means an employee
10of the State, agency or department thereof, unit of local
11government, school district, instrumentality or political
12subdivision. "Public employee" does not include public
13officers or employees of the General Assembly or agencies
14thereof.
15    (I) Public Officer. "Public officer" means a person who is
16elected to office pursuant to the Constitution or a statute or
17ordinance, or who is appointed to an office which is
18established, and the qualifications and duties of which are
19prescribed, by the Constitution or a statute or ordinance, to
20discharge a public duty for the State, agency or department
21thereof, unit of local government, school district,
22instrumentality or political subdivision.
23    (J) Eligible Bidder. "Eligible bidder" means a person who,
24prior to contract award or prior to bid opening for State
25contracts for construction or construction-related services,
26has filed with the Department a properly completed, sworn and

 

 

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1currently valid employer report form, pursuant to the
2Department's regulations. The provisions of this Article
3relating to eligible bidders apply only to bids on contracts
4with the State and its departments, agencies, boards, and
5commissions, and the provisions do not apply to bids on
6contracts with units of local government or school districts.
7    (K) Citizenship Status. "Citizenship status" means the
8status of being:
9        (1) a born U.S. citizen;
10        (2) a naturalized U.S. citizen;
11        (3) a U.S. national; or
12        (4) a person born outside the United States and not a
13    U.S. citizen who is not an unauthorized alien and who is
14    protected from discrimination under the provisions of
15    Section 1324b of Title 8 of the United States Code, as now
16    or hereafter amended.
17    (L) Work Authorization Status. "Work authorization status"
18means the status of being a person born outside of the United
19States, and not a U.S. citizen, who is authorized by the
20federal government to work in the United States.
21(Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 1-1-20;
22101-430, eff. 7-1-20; revised 8-4-20.)
 
23    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
24    Sec. 2-102. Civil rights violations - employment. It is a
25civil rights violation:

 

 

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1        (A) Employers. For any employer to refuse to hire, to
2    segregate, to engage in harassment as defined in
3    subsection (E-1) of Section 2-101, or to act with respect
4    to recruitment, hiring, promotion, renewal of employment,
5    selection for training or apprenticeship, discharge,
6    discipline, tenure or terms, privileges or conditions of
7    employment on the basis of unlawful discrimination, or
8    citizenship status, or work authorization status. An
9    employer is responsible for harassment by the employer's
10    nonmanagerial and nonsupervisory employees only if the
11    employer becomes aware of the conduct and fails to take
12    reasonable corrective measures.
13        (A-5) Language. For an employer to impose a
14    restriction that has the effect of prohibiting a language
15    from being spoken by an employee in communications that
16    are unrelated to the employee's duties.
17        For the purposes of this subdivision (A-5), "language"
18    means a person's native tongue, such as Polish, Spanish,
19    or Chinese. "Language" does not include such things as
20    slang, jargon, profanity, or vulgarity.
21        (A-10) Harassment of nonemployees. For any employer,
22    employment agency, or labor organization to engage in
23    harassment of nonemployees in the workplace. An employer
24    is responsible for harassment of nonemployees by the
25    employer's nonmanagerial and nonsupervisory employees only
26    if the employer becomes aware of the conduct and fails to

 

 

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1    take reasonable corrective measures. For the purposes of
2    this subdivision (A-10), "nonemployee" means a person who
3    is not otherwise an employee of the employer and is
4    directly performing services for the employer pursuant to
5    a contract with that employer. "Nonemployee" includes
6    contractors and consultants. This subdivision applies to
7    harassment occurring on or after the effective date of
8    this amendatory Act of the 101st General Assembly.
9        (B) Employment agency. For any employment agency to
10    fail or refuse to classify properly, accept applications
11    and register for employment referral or apprenticeship
12    referral, refer for employment, or refer for
13    apprenticeship on the basis of unlawful discrimination, or
14    citizenship status, or work authorization status or to
15    accept from any person any job order, requisition or
16    request for referral of applicants for employment or
17    apprenticeship which makes or has the effect of making
18    unlawful discrimination or discrimination on the basis of
19    citizenship status or work authorization status a
20    condition of referral.
21        (C) Labor organization. For any labor organization to
22    limit, segregate or classify its membership, or to limit
23    employment opportunities, selection and training for
24    apprenticeship in any trade or craft, or otherwise to
25    take, or fail to take, any action which affects adversely
26    any person's status as an employee or as an applicant for

 

 

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1    employment or as an apprentice, or as an applicant for
2    apprenticeships, or wages, tenure, hours of employment or
3    apprenticeship conditions on the basis of unlawful
4    discrimination, or citizenship status, or work
5    authorization status.
6        (D) Sexual harassment. For any employer, employee,
7    agent of any employer, employment agency or labor
8    organization to engage in sexual harassment; provided,
9    that an employer shall be responsible for sexual
10    harassment of the employer's employees by nonemployees or
11    nonmanagerial and nonsupervisory employees only if the
12    employer becomes aware of the conduct and fails to take
13    reasonable corrective measures.
14        (D-5) Sexual harassment of nonemployees. For any
15    employer, employee, agent of any employer, employment
16    agency, or labor organization to engage in sexual
17    harassment of nonemployees in the workplace. An employer
18    is responsible for sexual harassment of nonemployees by
19    the employer's nonmanagerial and nonsupervisory employees
20    only if the employer becomes aware of the conduct and
21    fails to take reasonable corrective measures. For the
22    purposes of this subdivision (D-5), "nonemployee" means a
23    person who is not otherwise an employee of the employer
24    and is directly performing services for the employer
25    pursuant to a contract with that employer. "Nonemployee"
26    includes contractors and consultants. This subdivision

 

 

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1    applies to sexual harassment occurring on or after the
2    effective date of this amendatory Act of the 101st General
3    Assembly.
4        (E) Public employers. For any public employer to
5    refuse to permit a public employee under its jurisdiction
6    who takes time off from work in order to practice his or
7    her religious beliefs to engage in work, during hours
8    other than such employee's regular working hours,
9    consistent with the operational needs of the employer and
10    in order to compensate for work time lost for such
11    religious reasons. Any employee who elects such deferred
12    work shall be compensated at the wage rate which he or she
13    would have earned during the originally scheduled work
14    period. The employer may require that an employee who
15    plans to take time off from work in order to practice his
16    or her religious beliefs provide the employer with a
17    notice of his or her intention to be absent from work not
18    exceeding 5 days prior to the date of absence.
19        (E-5) Religious discrimination. For any employer to
20    impose upon a person as a condition of obtaining or
21    retaining employment, including opportunities for
22    promotion, advancement, or transfer, any terms or
23    conditions that would require such person to violate or
24    forgo a sincerely held practice of his or her religion
25    including, but not limited to, the wearing of any attire,
26    clothing, or facial hair in accordance with the

 

 

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1    requirements of his or her religion, unless, after
2    engaging in a bona fide effort, the employer demonstrates
3    that it is unable to reasonably accommodate the employee's
4    or prospective employee's sincerely held religious belief,
5    practice, or observance without undue hardship on the
6    conduct of the employer's business.
7        Nothing in this Section prohibits an employer from
8    enacting a dress code or grooming policy that may include
9    restrictions on attire, clothing, or facial hair to
10    maintain workplace safety or food sanitation.
11        (F) Training and apprenticeship programs. For any
12    employer, employment agency or labor organization to
13    discriminate against a person on the basis of age in the
14    selection, referral for or conduct of apprenticeship or
15    training programs.
16        (G) Immigration-related practices.
17            (1) for an employer to request for purposes of
18        satisfying the requirements of Section 1324a(b) of
19        Title 8 of the United States Code, as now or hereafter
20        amended, more or different documents than are required
21        under such Section or to refuse to honor documents
22        tendered that on their face reasonably appear to be
23        genuine or to refuse to honor work authorization based
24        upon the specific status or term of status that
25        accompanies the authorization to work; or
26            (2) for an employer participating in the E-Verify

 

 

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1        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
2        Programs for Employment Eligibility Confirmation
3        (enacted by PL 104-208, div. C title IV, subtitle A) to
4        refuse to hire, to segregate, or to act with respect to
5        recruitment, hiring, promotion, renewal of employment,
6        selection for training or apprenticeship, discharge,
7        discipline, tenure or terms, privileges or conditions
8        of employment without following the procedures under
9        the E-Verify Program.
10        (H) (Blank).
11        (I) Pregnancy. For an employer to refuse to hire, to
12    segregate, or to act with respect to recruitment, hiring,
13    promotion, renewal of employment, selection for training
14    or apprenticeship, discharge, discipline, tenure or terms,
15    privileges or conditions of employment on the basis of
16    pregnancy, childbirth, or medical or common conditions
17    related to pregnancy or childbirth. Women affected by
18    pregnancy, childbirth, or medical or common conditions
19    related to pregnancy or childbirth shall be treated the
20    same for all employment-related purposes, including
21    receipt of benefits under fringe benefit programs, as
22    other persons not so affected but similar in their ability
23    or inability to work, regardless of the source of the
24    inability to work or employment classification or status.
25        (J) Pregnancy; reasonable accommodations.
26            (1) If after a job applicant or employee,

 

 

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1        including a part-time, full-time, or probationary
2        employee, requests a reasonable accommodation, for an
3        employer to not make reasonable accommodations for any
4        medical or common condition of a job applicant or
5        employee related to pregnancy or childbirth, unless
6        the employer can demonstrate that the accommodation
7        would impose an undue hardship on the ordinary
8        operation of the business of the employer. The
9        employer may request documentation from the employee's
10        health care provider concerning the need for the
11        requested reasonable accommodation or accommodations
12        to the same extent documentation is requested for
13        conditions related to disability if the employer's
14        request for documentation is job-related and
15        consistent with business necessity. The employer may
16        require only the medical justification for the
17        requested accommodation or accommodations, a
18        description of the reasonable accommodation or
19        accommodations medically advisable, the date the
20        reasonable accommodation or accommodations became
21        medically advisable, and the probable duration of the
22        reasonable accommodation or accommodations. It is the
23        duty of the individual seeking a reasonable
24        accommodation or accommodations to submit to the
25        employer any documentation that is requested in
26        accordance with this paragraph. Notwithstanding the

 

 

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1        provisions of this paragraph, the employer may require
2        documentation by the employee's health care provider
3        to determine compliance with other laws. The employee
4        and employer shall engage in a timely, good faith, and
5        meaningful exchange to determine effective reasonable
6        accommodations.
7            (2) For an employer to deny employment
8        opportunities or benefits to or take adverse action
9        against an otherwise qualified job applicant or
10        employee, including a part-time, full-time, or
11        probationary employee, if the denial or adverse action
12        is based on the need of the employer to make reasonable
13        accommodations to the known medical or common
14        conditions related to the pregnancy or childbirth of
15        the applicant or employee.
16            (3) For an employer to require a job applicant or
17        employee, including a part-time, full-time, or
18        probationary employee, affected by pregnancy,
19        childbirth, or medical or common conditions related to
20        pregnancy or childbirth to accept an accommodation
21        when the applicant or employee did not request an
22        accommodation and the applicant or employee chooses
23        not to accept the employer's accommodation.
24            (4) For an employer to require an employee,
25        including a part-time, full-time, or probationary
26        employee, to take leave under any leave law or policy

 

 

10200HB0121sam001- 18 -LRB102 02562 LNS 24460 a

1        of the employer if another reasonable accommodation
2        can be provided to the known medical or common
3        conditions related to the pregnancy or childbirth of
4        an employee. No employer shall fail or refuse to
5        reinstate the employee affected by pregnancy,
6        childbirth, or medical or common conditions related to
7        pregnancy or childbirth to her original job or to an
8        equivalent position with equivalent pay and
9        accumulated seniority, retirement, fringe benefits,
10        and other applicable service credits upon her
11        signifying her intent to return or when her need for
12        reasonable accommodation ceases, unless the employer
13        can demonstrate that the accommodation would impose an
14        undue hardship on the ordinary operation of the
15        business of the employer.
16        For the purposes of this subdivision (J), "reasonable
17    accommodations" means reasonable modifications or
18    adjustments to the job application process or work
19    environment, or to the manner or circumstances under which
20    the position desired or held is customarily performed,
21    that enable an applicant or employee affected by
22    pregnancy, childbirth, or medical or common conditions
23    related to pregnancy or childbirth to be considered for
24    the position the applicant desires or to perform the
25    essential functions of that position, and may include, but
26    is not limited to: more frequent or longer bathroom

 

 

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1    breaks, breaks for increased water intake, and breaks for
2    periodic rest; private non-bathroom space for expressing
3    breast milk and breastfeeding; seating; assistance with
4    manual labor; light duty; temporary transfer to a less
5    strenuous or hazardous position; the provision of an
6    accessible worksite; acquisition or modification of
7    equipment; job restructuring; a part-time or modified work
8    schedule; appropriate adjustment or modifications of
9    examinations, training materials, or policies;
10    reassignment to a vacant position; time off to recover
11    from conditions related to childbirth; and leave
12    necessitated by pregnancy, childbirth, or medical or
13    common conditions resulting from pregnancy or childbirth.
14        For the purposes of this subdivision (J), "undue
15    hardship" means an action that is prohibitively expensive
16    or disruptive when considered in light of the following
17    factors: (i) the nature and cost of the accommodation
18    needed; (ii) the overall financial resources of the
19    facility or facilities involved in the provision of the
20    reasonable accommodation, the number of persons employed
21    at the facility, the effect on expenses and resources, or
22    the impact otherwise of the accommodation upon the
23    operation of the facility; (iii) the overall financial
24    resources of the employer, the overall size of the
25    business of the employer with respect to the number of its
26    employees, and the number, type, and location of its

 

 

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1    facilities; and (iv) the type of operation or operations
2    of the employer, including the composition, structure, and
3    functions of the workforce of the employer, the geographic
4    separateness, administrative, or fiscal relationship of
5    the facility or facilities in question to the employer.
6    The employer has the burden of proving undue hardship. The
7    fact that the employer provides or would be required to
8    provide a similar accommodation to similarly situated
9    employees creates a rebuttable presumption that the
10    accommodation does not impose an undue hardship on the
11    employer.
12        No employer is required by this subdivision (J) to
13    create additional employment that the employer would not
14    otherwise have created, unless the employer does so or
15    would do so for other classes of employees who need
16    accommodation. The employer is not required to discharge
17    any employee, transfer any employee with more seniority,
18    or promote any employee who is not qualified to perform
19    the job, unless the employer does so or would do so to
20    accommodate other classes of employees who need it.
21        (K) Notice.
22            (1) For an employer to fail to post or keep posted
23        in a conspicuous location on the premises of the
24        employer where notices to employees are customarily
25        posted, or fail to include in any employee handbook
26        information concerning an employee's rights under this

 

 

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1        Article, a notice, to be prepared or approved by the
2        Department, summarizing the requirements of this
3        Article and information pertaining to the filing of a
4        charge, including the right to be free from unlawful
5        discrimination, the right to be free from sexual
6        harassment, and the right to certain reasonable
7        accommodations. The Department shall make the
8        documents required under this paragraph available for
9        retrieval from the Department's website.
10            (2) Upon notification of a violation of paragraph
11        (1) of this subdivision (K), the Department may launch
12        a preliminary investigation. If the Department finds a
13        violation, the Department may issue a notice to show
14        cause giving the employer 30 days to correct the
15        violation. If the violation is not corrected, the
16        Department may initiate a charge of a civil rights
17        violation.
18(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18;
19101-221, eff. 1-1-20.)
 
20    (775 ILCS 5/2-104)  (from Ch. 68, par. 2-104)
21    Sec. 2-104. Exemptions.
22    (A) Nothing contained in this Act shall prohibit an
23employer, employment agency, or labor organization from:
24        (1) Bona Fide Qualification. Hiring or selecting
25    between persons for bona fide occupational qualifications

 

 

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1    or any reason except those civil-rights violations
2    specifically identified in this Article.
3        (2) Veterans. Giving preferential treatment to
4    veterans and their relatives as required by the laws or
5    regulations of the United States or this State or a unit of
6    local government, or pursuant to a private employer's
7    voluntary veterans' preference employment policy
8    authorized by the Veterans Preference in Private
9    Employment Act.
10        (3) Unfavorable Discharge From Military Service.
11            (a) Using unfavorable discharge from military
12        service as a valid employment criterion when
13        authorized by federal law or regulation or when a
14        position of employment involves the exercise of
15        fiduciary responsibilities as defined by rules and
16        regulations which the Department shall adopt; or
17            (b) Participating in a bona fide recruiting
18        incentive program, sponsored by a branch of the United
19        States Armed Forces, a reserve component of the United
20        States Armed Forces, or any National Guard or Naval
21        Militia, where participation in the program is limited
22        by the sponsoring branch based upon the service
23        member's discharge status.
24        (4) Ability Tests. Giving or acting upon the results
25    of any professionally developed ability test provided that
26    such test, its administration, or action upon the results,

 

 

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1    is not used as a subterfuge for or does not have the effect
2    of unlawful discrimination.
3        (5) Merit and Retirement Systems.
4            (a) Applying different standards of compensation,
5        or different terms, conditions or privileges of
6        employment pursuant to a merit or retirement system
7        provided that such system or its administration is not
8        used as a subterfuge for or does not have the effect of
9        unlawful discrimination.
10            (b) Effecting compulsory retirement of any
11        employee who has attained 65 years of age and who, for
12        the 2-year period immediately preceding retirement, is
13        employed in a bona fide executive or a high
14        policymaking position, if such employee is entitled to
15        an immediate nonforfeitable annual retirement benefit
16        from a pension, profit-sharing, savings, or deferred
17        compensation plan, or any combination of such plans of
18        the employer of such employee, which equals, in the
19        aggregate, at least $44,000. If any such retirement
20        benefit is in a form other than a straight life annuity
21        (with no ancillary benefits) or if the employees
22        contribute to any such plan or make rollover
23        contributions, the retirement benefit shall be
24        adjusted in accordance with regulations prescribed by
25        the Department, so that the benefit is the equivalent
26        of a straight life annuity (with no ancillary

 

 

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1        benefits) under a plan to which employees do not
2        contribute and under which no rollover contributions
3        are made.
4            (c) Until January 1, 1994, effecting compulsory
5        retirement of any employee who has attained 70 years
6        of age, and who is serving under a contract of
7        unlimited tenure (or similar arrangement providing for
8        unlimited tenure) at an institution of higher
9        education as defined by Section 1201(a) of the Higher
10        Education Act of 1965.
11        (6) Training and Apprenticeship programs. Establishing
12    an educational requirement as a prerequisite to selection
13    for a training or apprenticeship program, provided such
14    requirement does not operate to discriminate on the basis
15    of any prohibited classification except age.
16        (7) Police and Firefighter/Paramedic Retirement.
17    Imposing a mandatory retirement age for
18    firefighters/paramedics or law enforcement officers and
19    discharging or retiring such individuals pursuant to the
20    mandatory retirement age if such action is taken pursuant
21    to a bona fide retirement plan provided that the law
22    enforcement officer or firefighter/paramedic has attained:
23            (a) the age of retirement in effect under
24        applicable State or local law on March 3, 1983; or
25            (b) if the applicable State or local law was
26        enacted after the date of enactment of the federal Age

 

 

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1        Discrimination in Employment Act Amendments of 1996
2        (P.L. 104-208), the age of retirement in effect on the
3        date of such discharge under such law.
4        This paragraph (7) shall not apply with respect to any
5    cause of action arising under the Illinois Human Rights
6    Act as in effect prior to the effective date of this
7    amendatory Act of 1997.
8        (8) Police and Firefighter/Paramedic Appointment.
9    Failing or refusing to hire any individual because of such
10    individual's age if such action is taken with respect to
11    the employment of an individual as a firefighter/paramedic
12    or as a law enforcement officer and the individual has
13    attained:
14            (a) the age of hiring or appointment in effect
15        under applicable State or local law on March 3, 1983;
16        or
17            (b) the age of hiring in effect on the date of such
18        failure or refusal to hire under applicable State or
19        local law enacted after the date of enactment of the
20        federal Age Discrimination in Employment Act
21        Amendments of 1996 (P.L. 104-208).
22        As used in paragraph (7) or (8):
23        "Firefighter/paramedic" means an employee, the duties
24    of whose position are primarily to perform work directly
25    connected with the control and extinguishment of fires or
26    the maintenance and use of firefighting apparatus and

 

 

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1    equipment, or to provide emergency medical services,
2    including an employee engaged in this activity who is
3    transferred to a supervisory or administrative position.
4        "Law enforcement officer" means an employee, the
5    duties of whose position are primarily the investigation,
6    apprehension, or detention of individuals suspected or
7    convicted of criminal offenses, including an employee
8    engaged in this activity who is transferred to a
9    supervisory or administrative position.
10        (9) Citizenship Status. Making legitimate distinctions
11    based on citizenship status if specifically authorized or
12    required by State or federal law.
13    (B) With respect to any employee who is subject to a
14collective bargaining agreement:
15        (a) which is in effect on June 30, 1986,
16        (b) which terminates after January 1, 1987,
17        (c) any provision of which was entered into by a labor
18    organization as defined by Section 6(d)(4) of the Fair
19    Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and
20        (d) which contains any provision that would be
21    superseded by Public Act 85-748,
22Public Act 85-748 shall not apply until the termination of
23such collective bargaining agreement or January 1, 1990,
24whichever occurs first.
25    (C)(1) For purposes of this Act, the term "disability"
26shall not include any employee or applicant who is currently

 

 

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1engaging in the illegal use of drugs, when an employer acts on
2the basis of such use.
3    (2) Paragraph (1) shall not apply where an employee or
4applicant for employment:
5        (a) has successfully completed a supervised drug
6    rehabilitation program and is no longer engaging in the
7    illegal use of drugs, or has otherwise been rehabilitated
8    successfully and is no longer engaging in such use;
9        (b) is participating in a supervised rehabilitation
10    program and is no longer engaging in such use; or
11        (c) is erroneously regarded as engaging in such use,
12    but is not engaging in such use.
13    It shall not be a violation of this Act for an employer to
14adopt or administer reasonable policies or procedures,
15including but not limited to drug testing, designed to ensure
16that an individual described in subparagraph (a) or (b) is no
17longer engaging in the illegal use of drugs.
18    (3) An employer:
19        (a) may prohibit the illegal use of drugs and the use
20    of alcohol at the workplace by all employees;
21        (b) may require that employees shall not be under the
22    influence of alcohol or be engaging in the illegal use of
23    drugs at the workplace;
24        (c) may require that employees behave in conformance
25    with the requirements established under the federal
26    Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.)

 

 

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1    and the Drug Free Workplace Act;
2        (d) may hold an employee who engages in the illegal
3    use of drugs or who is an alcoholic to the same
4    qualification standards for employment or job performance
5    and behavior that such employer holds other employees,
6    even if any unsatisfactory performance or behavior is
7    related to the drug use or alcoholism of such employee;
8    and
9        (e) may, with respect to federal regulations regarding
10    alcohol and the illegal use of drugs, require that:
11            (i) employees comply with the standards
12        established in such regulations of the United States
13        Department of Defense, if the employees of the
14        employer are employed in an industry subject to such
15        regulations, including complying with regulations (if
16        any) that apply to employment in sensitive positions
17        in such an industry, in the case of employees of the
18        employer who are employed in such positions (as
19        defined in the regulations of the Department of
20        Defense);
21            (ii) employees comply with the standards
22        established in such regulations of the Nuclear
23        Regulatory Commission, if the employees of the
24        employer are employed in an industry subject to such
25        regulations, including complying with regulations (if
26        any) that apply to employment in sensitive positions

 

 

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

 

 

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1    for, positions involving safety-sensitive duties for the
2    illegal use of drugs and for on-duty impairment by
3    alcohol; and
4        (b) remove such persons who test positive for illegal
5    use of drugs and on-duty impairment by alcohol pursuant to
6    subparagraph (a) from safety-sensitive duties in
7    implementing paragraph (3).
8    (D) Nothing contained in this Act shall require an
9employer to sponsor, either monetarily or otherwise, any
10applicant or employee to obtain or modify work authorization
11status, unless otherwise required by federal law.
12(Source: P.A. 99-152, eff. 1-1-16, 99-165, eff. 7-28-15;
1399-642, eff. 7-28-16.)
 
14    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
15    Sec. 6-101. Additional Civil Rights Violations. It is a
16civil rights violation for a person, or for 2 two or more
17persons to conspire, to:
18        (A) Retaliation. Retaliate against a person because he
19    or she has opposed that which he or she reasonably and in
20    good faith believes to be unlawful discrimination, sexual
21    harassment in employment or sexual harassment in
22    elementary, secondary, and higher education, or
23    discrimination based on citizenship status or work
24    authorization status in employment, because he or she has
25    made a charge, filed a complaint, testified, assisted, or

 

 

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1    participated in an investigation, proceeding, or hearing
2    under this Act, or because he or she has requested,
3    attempted to request, used, or attempted to use a
4    reasonable accommodation as allowed by this Act;
5        (B) Aiding and Abetting; Coercion. Aid, abet, compel
6    or coerce a person to commit any violation of this Act;
7        (C) Interference. Wilfully interfere with the
8    performance of a duty or the exercise of a power by the
9    Commission or one of its members or representatives or the
10    Department or one of its officers or employees.
11    Definitions. For the purposes of this Section, "sexual
12harassment", and "citizenship status", and "work authorization
13status" shall have the same meaning as defined in Section
142-101 of this Act.
15(Source: P.A. 97-333, eff. 8-12-11; 98-1050, eff. 1-1-15.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".