Rep. Will Guzzardi

Filed: 4/16/2024





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2    AMENDMENT NO. ______. Amend House Bill 2161, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Illinois Human Rights Act is amended by
6changing Sections 2-101, 2-102, 2-104, and 6-101 as follows:
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



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



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1            (c) Elected public officials or the members of
2        their immediate personal staffs;
3            (d) Principal administrative officers of the State
4        or of any political subdivision, municipal corporation
5        or other governmental unit or agency;
6            (e) A person in a vocational rehabilitation
7        facility certified under federal law who has been
8        designated an evaluee, trainee, or work activity
9        client.
10    (B) Employer.
11        (1) "Employer" includes:
12            (a) Any person employing one or more employees
13        within Illinois during 20 or more calendar weeks
14        within the calendar year of or preceding the alleged
15        violation;
16            (b) Any person employing one or more employees
17        when a complainant alleges civil rights violation due
18        to unlawful discrimination based upon his or her
19        physical or mental disability unrelated to ability,
20        pregnancy, or sexual harassment;
21            (c) The State and any political subdivision,
22        municipal corporation or other governmental unit or
23        agency, without regard to the number of employees;
24            (d) Any party to a public contract without regard
25        to the number of employees;
26            (e) A joint apprenticeship or training committee



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1        without regard to the number of employees.
2        (2) "Employer" does not include any place of worship,
3    religious corporation, association, educational
4    institution, society, or non-profit nursing institution
5    conducted by and for those who rely upon treatment by
6    prayer through spiritual means in accordance with the
7    tenets of a recognized church or religious denomination
8    with respect to the employment of individuals of a
9    particular religion to perform work connected with the
10    carrying on by such place of worship, corporation,
11    association, educational institution, society or
12    non-profit nursing institution of its activities.
13    (C) Employment Agency. "Employment Agency" includes both
14public and private employment agencies and any person, labor
15organization, or labor union having a hiring hall or hiring
16office regularly undertaking, with or without compensation, to
17procure opportunities to work, or to procure, recruit, refer
18or place employees.
19    (D) Labor Organization. "Labor Organization" includes any
20organization, labor union, craft union, or any voluntary
21unincorporated association designed to further the cause of
22the rights of union labor which is constituted for the
23purpose, in whole or in part, of collective bargaining or of
24dealing with employers concerning grievances, terms or
25conditions of employment, or apprenticeships or applications
26for apprenticeships, or of other mutual aid or protection in



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



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



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1prior to contract award or prior to bid opening for State
2contracts for construction or construction-related services,
3has filed with the Department a properly completed, sworn and
4currently valid employer report form, pursuant to the
5Department's regulations. The provisions of this Article
6relating to eligible bidders apply only to bids on contracts
7with the State and its departments, agencies, boards, and
8commissions, and the provisions do not apply to bids on
9contracts with units of local government or school districts.
10    (K) Citizenship Status. "Citizenship status" means the
11status of being:
12        (1) a born U.S. citizen;
13        (2) a naturalized U.S. citizen;
14        (3) a U.S. national; or
15        (4) a person born outside the United States and not a
16    U.S. citizen who is lawfully present and who is protected
17    from discrimination under the provisions of Section 1324b
18    of Title 8 of the United States Code, as now or hereafter
19    amended.
20    (L) Work Authorization Status. "Work authorization status"
21means the status of being a person born outside of the United
22States, and not a U.S. citizen, who is authorized by the
23federal government to work in the United States.
24    (M) Family Responsibilities. "Family responsibilities"
25means an employee's actual or perceived provision of personal
26care to a family member. As used in this definition:



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1        (1)"Personal care" has the meaning given to that term
2    in the Employee Sick Leave Act.
3        (2) "Family member" has the meaning given to the term
4    "covered family member" in the Employee Sick Leave Act.
5(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
6102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff.
8    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
9    Sec. 2-102. Civil rights violations - employment. It is a
10civil rights violation:
11        (A) Employers. For any employer to refuse to hire, to
12    segregate, to engage in harassment as defined in
13    subsection (E-1) of Section 2-101, or to act with respect
14    to recruitment, hiring, promotion, renewal of employment,
15    selection for training or apprenticeship, discharge,
16    discipline, tenure or terms, privileges or conditions of
17    employment on the basis of unlawful discrimination,
18    citizenship status, or work authorization status, or
19    family responsibilities. An employer is responsible for
20    harassment by the employer's nonmanagerial and
21    nonsupervisory employees only if the employer becomes
22    aware of the conduct and fails to take reasonable
23    corrective measures.
24        (A-5) Language. For an employer to impose a
25    restriction that has the effect of prohibiting a language



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1    from being spoken by an employee in communications that
2    are unrelated to the employee's duties.
3        For the purposes of this subdivision (A-5), "language"
4    means a person's native tongue, such as Polish, Spanish,
5    or Chinese. "Language" does not include such things as
6    slang, jargon, profanity, or vulgarity.
7        (A-10) Harassment of nonemployees. For any employer,
8    employment agency, or labor organization to engage in
9    harassment of nonemployees in the workplace. An employer
10    is responsible for harassment of nonemployees by the
11    employer's nonmanagerial and nonsupervisory employees only
12    if the employer becomes aware of the conduct and fails to
13    take reasonable corrective measures. For the purposes of
14    this subdivision (A-10), "nonemployee" means a person who
15    is not otherwise an employee of the employer and is
16    directly performing services for the employer pursuant to
17    a contract with that employer. "Nonemployee" includes
18    contractors and consultants. This subdivision applies to
19    harassment occurring on or after the effective date of
20    this amendatory Act of the 101st General Assembly.
21        (B) Employment agency. For any employment agency to
22    fail or refuse to classify properly, accept applications
23    and register for employment referral or apprenticeship
24    referral, refer for employment, or refer for
25    apprenticeship on the basis of unlawful discrimination,
26    citizenship status, or work authorization status, or



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1    family responsibilities or to accept from any person any
2    job order, requisition or request for referral of
3    applicants for employment or apprenticeship which makes or
4    has the effect of making unlawful discrimination or
5    discrimination on the basis of citizenship status or work
6    authorization status, or family responsibilities a
7    condition of referral.
8        (C) Labor organization. For any labor organization to
9    limit, segregate or classify its membership, or to limit
10    employment opportunities, selection and training for
11    apprenticeship in any trade or craft, or otherwise to
12    take, or fail to take, any action which affects adversely
13    any person's status as an employee or as an applicant for
14    employment or as an apprentice, or as an applicant for
15    apprenticeships, or wages, tenure, hours of employment or
16    apprenticeship conditions on the basis of unlawful
17    discrimination, citizenship status, or work authorization
18    status, or family responsibilities.
19        (D) Sexual harassment. For any employer, employee,
20    agent of any employer, employment agency or labor
21    organization to engage in sexual harassment; provided,
22    that an employer shall be responsible for sexual
23    harassment of the employer's employees by nonemployees or
24    nonmanagerial and nonsupervisory employees only if the
25    employer becomes aware of the conduct and fails to take
26    reasonable corrective measures.



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



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1    period. The employer may require that an employee who
2    plans to take time off from work in order to practice his
3    or her religious beliefs provide the employer with a
4    notice of his or her intention to be absent from work not
5    exceeding 5 days prior to the date of absence.
6        (E-5) Religious discrimination. For any employer to
7    impose upon a person as a condition of obtaining or
8    retaining employment, including opportunities for
9    promotion, advancement, or transfer, any terms or
10    conditions that would require such person to violate or
11    forgo a sincerely held practice of his or her religion
12    including, but not limited to, the wearing of any attire,
13    clothing, or facial hair in accordance with the
14    requirements of his or her religion, unless, after
15    engaging in a bona fide effort, the employer demonstrates
16    that it is unable to reasonably accommodate the employee's
17    or prospective employee's sincerely held religious belief,
18    practice, or observance without undue hardship on the
19    conduct of the employer's business.
20        Nothing in this Section prohibits an employer from
21    enacting a dress code or grooming policy that may include
22    restrictions on attire, clothing, or facial hair to
23    maintain workplace safety or food sanitation.
24        (F) Training and apprenticeship programs. For any
25    employer, employment agency or labor organization to
26    discriminate against a person on the basis of age in the



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1    selection, referral for or conduct of apprenticeship or
2    training programs.
3        (G) Immigration-related practices.
4            (1) for an employer to request for purposes of
5        satisfying the requirements of Section 1324a(b) of
6        Title 8 of the United States Code, as now or hereafter
7        amended, more or different documents than are required
8        under such Section or to refuse to honor documents
9        tendered that on their face reasonably appear to be
10        genuine or to refuse to honor work authorization based
11        upon the specific status or term of status that
12        accompanies the authorization to work; or
13            (2) for an employer participating in the E-Verify
14        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
15        Programs for Employment Eligibility Confirmation
16        (enacted by PL 104-208, div. C title IV, subtitle A) to
17        refuse to hire, to segregate, or to act with respect to
18        recruitment, hiring, promotion, renewal of employment,
19        selection for training or apprenticeship, discharge,
20        discipline, tenure or terms, privileges or conditions
21        of employment without following the procedures under
22        the E-Verify Program.
23        (H) (Blank).
24        (I) Pregnancy. For an employer to refuse to hire, to
25    segregate, or to act with respect to recruitment, hiring,
26    promotion, renewal of employment, selection for training



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1    or apprenticeship, discharge, discipline, tenure or terms,
2    privileges or conditions of employment on the basis of
3    pregnancy, childbirth, or medical or common conditions
4    related to pregnancy or childbirth. Women affected by
5    pregnancy, childbirth, or medical or common conditions
6    related to pregnancy or childbirth shall be treated the
7    same for all employment-related purposes, including
8    receipt of benefits under fringe benefit programs, as
9    other persons not so affected but similar in their ability
10    or inability to work, regardless of the source of the
11    inability to work or employment classification or status.
12        (J) Pregnancy; reasonable accommodations.
13            (1) If after a job applicant or employee,
14        including a part-time, full-time, or probationary
15        employee, requests a reasonable accommodation, for an
16        employer to not make reasonable accommodations for any
17        medical or common condition of a job applicant or
18        employee related to pregnancy or childbirth, unless
19        the employer can demonstrate that the accommodation
20        would impose an undue hardship on the ordinary
21        operation of the business of the employer. The
22        employer may request documentation from the employee's
23        health care provider concerning the need for the
24        requested reasonable accommodation or accommodations
25        to the same extent documentation is requested for
26        conditions related to disability if the employer's



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1        request for documentation is job-related and
2        consistent with business necessity. The employer may
3        require only the medical justification for the
4        requested accommodation or accommodations, a
5        description of the reasonable accommodation or
6        accommodations medically advisable, the date the
7        reasonable accommodation or accommodations became
8        medically advisable, and the probable duration of the
9        reasonable accommodation or accommodations. It is the
10        duty of the individual seeking a reasonable
11        accommodation or accommodations to submit to the
12        employer any documentation that is requested in
13        accordance with this paragraph. Notwithstanding the
14        provisions of this paragraph, the employer may require
15        documentation by the employee's health care provider
16        to determine compliance with other laws. The employee
17        and employer shall engage in a timely, good faith, and
18        meaningful exchange to determine effective reasonable
19        accommodations.
20            (2) For an employer to deny employment
21        opportunities or benefits to or take adverse action
22        against an otherwise qualified job applicant or
23        employee, including a part-time, full-time, or
24        probationary employee, if the denial or adverse action
25        is based on the need of the employer to make reasonable
26        accommodations to the known medical or common



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1        conditions related to the pregnancy or childbirth of
2        the applicant or employee.
3            (3) For an employer to require a job applicant or
4        employee, including a part-time, full-time, or
5        probationary employee, affected by pregnancy,
6        childbirth, or medical or common conditions related to
7        pregnancy or childbirth to accept an accommodation
8        when the applicant or employee did not request an
9        accommodation and the applicant or employee chooses
10        not to accept the employer's accommodation.
11            (4) For an employer to require an employee,
12        including a part-time, full-time, or probationary
13        employee, to take leave under any leave law or policy
14        of the employer if another reasonable accommodation
15        can be provided to the known medical or common
16        conditions related to the pregnancy or childbirth of
17        an employee. No employer shall fail or refuse to
18        reinstate the employee affected by pregnancy,
19        childbirth, or medical or common conditions related to
20        pregnancy or childbirth to her original job or to an
21        equivalent position with equivalent pay and
22        accumulated seniority, retirement, fringe benefits,
23        and other applicable service credits upon her
24        signifying her intent to return or when her need for
25        reasonable accommodation ceases, unless the employer
26        can demonstrate that the accommodation would impose an



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1        undue hardship on the ordinary operation of the
2        business of the employer.
3        For the purposes of this subdivision (J), "reasonable
4    accommodations" means reasonable modifications or
5    adjustments to the job application process or work
6    environment, or to the manner or circumstances under which
7    the position desired or held is customarily performed,
8    that enable an applicant or employee affected by
9    pregnancy, childbirth, or medical or common conditions
10    related to pregnancy or childbirth to be considered for
11    the position the applicant desires or to perform the
12    essential functions of that position, and may include, but
13    is not limited to: more frequent or longer bathroom
14    breaks, breaks for increased water intake, and breaks for
15    periodic rest; private non-bathroom space for expressing
16    breast milk and breastfeeding; seating; assistance with
17    manual labor; light duty; temporary transfer to a less
18    strenuous or hazardous position; the provision of an
19    accessible worksite; acquisition or modification of
20    equipment; job restructuring; a part-time or modified work
21    schedule; appropriate adjustment or modifications of
22    examinations, training materials, or policies;
23    reassignment to a vacant position; time off to recover
24    from conditions related to childbirth; and leave
25    necessitated by pregnancy, childbirth, or medical or
26    common conditions resulting from pregnancy or childbirth.



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1        For the purposes of this subdivision (J), "undue
2    hardship" means an action that is prohibitively expensive
3    or disruptive when considered in light of the following
4    factors: (i) the nature and cost of the accommodation
5    needed; (ii) the overall financial resources of the
6    facility or facilities involved in the provision of the
7    reasonable accommodation, the number of persons employed
8    at the facility, the effect on expenses and resources, or
9    the impact otherwise of the accommodation upon the
10    operation of the facility; (iii) the overall financial
11    resources of the employer, the overall size of the
12    business of the employer with respect to the number of its
13    employees, and the number, type, and location of its
14    facilities; and (iv) the type of operation or operations
15    of the employer, including the composition, structure, and
16    functions of the workforce of the employer, the geographic
17    separateness, administrative, or fiscal relationship of
18    the facility or facilities in question to the employer.
19    The employer has the burden of proving undue hardship. The
20    fact that the employer provides or would be required to
21    provide a similar accommodation to similarly situated
22    employees creates a rebuttable presumption that the
23    accommodation does not impose an undue hardship on the
24    employer.
25        No employer is required by this subdivision (J) to
26    create additional employment that the employer would not



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1    otherwise have created, unless the employer does so or
2    would do so for other classes of employees who need
3    accommodation. The employer is not required to discharge
4    any employee, transfer any employee with more seniority,
5    or promote any employee who is not qualified to perform
6    the job, unless the employer does so or would do so to
7    accommodate other classes of employees who need it.
8        (K) Notice.
9            (1) For an employer to fail to post or keep posted
10        in a conspicuous location on the premises of the
11        employer where notices to employees are customarily
12        posted, or fail to include in any employee handbook
13        information concerning an employee's rights under this
14        Article, a notice, to be prepared or approved by the
15        Department, summarizing the requirements of this
16        Article and information pertaining to the filing of a
17        charge, including the right to be free from unlawful
18        discrimination, the right to be free from sexual
19        harassment, and the right to certain reasonable
20        accommodations. The Department shall make the
21        documents required under this paragraph available for
22        retrieval from the Department's website.
23            (2) Upon notification of a violation of paragraph
24        (1) of this subdivision (K), the Department may launch
25        a preliminary investigation. If the Department finds a
26        violation, the Department may issue a notice to show



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1        cause giving the employer 30 days to correct the
2        violation. If the violation is not corrected, the
3        Department may initiate a charge of a civil rights
4        violation.
5(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
6    (775 ILCS 5/2-104)  (from Ch. 68, par. 2-104)
7    Sec. 2-104. Exemptions.
8    (A) Nothing contained in this Act shall prohibit an
9employer, employment agency, or labor organization from:
10        (1) Bona Fide Qualification. Hiring or selecting
11    between persons for bona fide occupational qualifications
12    or any reason except those civil-rights violations
13    specifically identified in this Article.
14        (2) Veterans. Giving preferential treatment to
15    veterans and their relatives as required by the laws or
16    regulations of the United States or this State or a unit of
17    local government, or pursuant to a private employer's
18    voluntary veterans' preference employment policy
19    authorized by the Veterans Preference in Private
20    Employment Act.
21        (3) Unfavorable Discharge From Military Service.
22            (a) Using unfavorable discharge from military
23        service as a valid employment criterion when
24        authorized by federal law or regulation or when a
25        position of employment involves the exercise of



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1        fiduciary responsibilities as defined by rules and
2        regulations which the Department shall adopt; or
3            (b) Participating in a bona fide recruiting
4        incentive program, sponsored by a branch of the United
5        States Armed Forces, a reserve component of the United
6        States Armed Forces, or any National Guard or Naval
7        Militia, where participation in the program is limited
8        by the sponsoring branch based upon the service
9        member's discharge status.
10        (4) Ability Tests. Giving or acting upon the results
11    of any professionally developed ability test provided that
12    such test, its administration, or action upon the results,
13    is not used as a subterfuge for or does not have the effect
14    of unlawful discrimination.
15        (5) Merit and Retirement Systems.
16            (a) Applying different standards of compensation,
17        or different terms, conditions or privileges of
18        employment pursuant to a merit or retirement system
19        provided that such system or its administration is not
20        used as a subterfuge for or does not have the effect of
21        unlawful discrimination.
22            (b) Effecting compulsory retirement of any
23        employee who has attained 65 years of age and who, for
24        the 2-year period immediately preceding retirement, is
25        employed in a bona fide executive or a high
26        policymaking position, if such employee is entitled to



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1        an immediate nonforfeitable annual retirement benefit
2        from a pension, profit-sharing, savings, or deferred
3        compensation plan, or any combination of such plans of
4        the employer of such employee, which equals, in the
5        aggregate, at least $44,000. If any such retirement
6        benefit is in a form other than a straight life annuity
7        (with no ancillary benefits) or if the employees
8        contribute to any such plan or make rollover
9        contributions, the retirement benefit shall be
10        adjusted in accordance with regulations prescribed by
11        the Department, so that the benefit is the equivalent
12        of a straight life annuity (with no ancillary
13        benefits) under a plan to which employees do not
14        contribute and under which no rollover contributions
15        are made.
16            (c) Until January 1, 1994, effecting compulsory
17        retirement of any employee who has attained 70 years
18        of age, and who is serving under a contract of
19        unlimited tenure (or similar arrangement providing for
20        unlimited tenure) at an institution of higher
21        education as defined by Section 1201(a) of the Higher
22        Education Act of 1965.
23        (6) Training and Apprenticeship programs. Establishing
24    an educational requirement as a prerequisite to selection
25    for a training or apprenticeship program, provided such
26    requirement does not operate to discriminate on the basis



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1    of any prohibited classification except age.
2        (7) Police and Firefighter/Paramedic Retirement.
3    Imposing a mandatory retirement age for
4    firefighters/paramedics or law enforcement officers and
5    discharging or retiring such individuals pursuant to the
6    mandatory retirement age if such action is taken pursuant
7    to a bona fide retirement plan provided that the law
8    enforcement officer or firefighter/paramedic has attained:
9            (a) the age of retirement in effect under
10        applicable State or local law on March 3, 1983; or
11            (b) if the applicable State or local law was
12        enacted after the date of enactment of the federal Age
13        Discrimination in Employment Act Amendments of 1996
14        (P.L. 104-208), the age of retirement in effect on the
15        date of such discharge under such law.
16        This paragraph (7) shall not apply with respect to any
17    cause of action arising under the Illinois Human Rights
18    Act as in effect prior to the effective date of this
19    amendatory Act of 1997.
20        (8) Police and Firefighter/Paramedic Appointment.
21    Failing or refusing to hire any individual because of such
22    individual's age if such action is taken with respect to
23    the employment of an individual as a firefighter/paramedic
24    or as a law enforcement officer and the individual has
25    attained:
26            (a) the age of hiring or appointment in effect



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1        under applicable State or local law on March 3, 1983;
2        or
3            (b) the age of hiring in effect on the date of such
4        failure or refusal to hire under applicable State or
5        local law enacted after the date of enactment of the
6        federal Age Discrimination in Employment Act
7        Amendments of 1996 (P.L. 104-208).
8        As used in paragraph (7) or (8):
9        "Firefighter/paramedic" means an employee, the duties
10    of whose position are primarily to perform work directly
11    connected with the control and extinguishment of fires or
12    the maintenance and use of firefighting apparatus and
13    equipment, or to provide emergency medical services,
14    including an employee engaged in this activity who is
15    transferred to a supervisory or administrative position.
16        "Law enforcement officer" means an employee, the
17    duties of whose position are primarily the investigation,
18    apprehension, or detention of individuals suspected or
19    convicted of criminal offenses, including an employee
20    engaged in this activity who is transferred to a
21    supervisory or administrative position.
22        (9) Citizenship Status. Making legitimate distinctions
23    based on citizenship status if specifically authorized or
24    required by State or federal law.
25    (B) With respect to any employee who is subject to a
26collective bargaining agreement:



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1        (a) which is in effect on June 30, 1986,
2        (b) which terminates after January 1, 1987,
3        (c) any provision of which was entered into by a labor
4    organization as defined by Section 6(d)(4) of the Fair
5    Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and
6        (d) which contains any provision that would be
7    superseded by Public Act 85-748,
8Public Act 85-748 shall not apply until the termination of
9such collective bargaining agreement or January 1, 1990,
10whichever occurs first.
11    (C)(1) For purposes of this Act, the term "disability"
12shall not include any employee or applicant who is currently
13engaging in the illegal use of drugs, when an employer acts on
14the basis of such use.
15    (2) Paragraph (1) shall not apply where an employee or
16applicant for employment:
17        (a) has successfully completed a supervised drug
18    rehabilitation program and is no longer engaging in the
19    illegal use of drugs, or has otherwise been rehabilitated
20    successfully and is no longer engaging in such use;
21        (b) is participating in a supervised rehabilitation
22    program and is no longer engaging in such use; or
23        (c) is erroneously regarded as engaging in such use,
24    but is not engaging in such use.
25    It shall not be a violation of this Act for an employer to
26adopt or administer reasonable policies or procedures,



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1including but not limited to drug testing, designed to ensure
2that an individual described in subparagraph (a) or (b) is no
3longer engaging in the illegal use of drugs.
4    (3) An employer:
5        (a) may prohibit the illegal use of drugs and the use
6    of alcohol at the workplace by all employees;
7        (b) may require that employees shall not be under the
8    influence of alcohol or be engaging in the illegal use of
9    drugs at the workplace;
10        (c) may require that employees behave in conformance
11    with the requirements established under the federal
12    Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.)
13    and the Drug Free Workplace Act;
14        (d) may hold an employee who engages in the illegal
15    use of drugs or who is an alcoholic to the same
16    qualification standards for employment or job performance
17    and behavior that such employer holds other employees,
18    even if any unsatisfactory performance or behavior is
19    related to the drug use or alcoholism of such employee;
20    and
21        (e) may, with respect to federal regulations regarding
22    alcohol and the illegal use of drugs, require that:
23            (i) employees comply with the standards
24        established in such regulations of the United States
25        Department of Defense, if the employees of the
26        employer are employed in an industry subject to such



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



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1    (4) For purposes of this Act, a test to determine the
2illegal use of drugs shall not be considered a medical
3examination. Nothing in this Act shall be construed to
4encourage, prohibit, or authorize the conducting of drug
5testing for the illegal use of drugs by job applicants or
6employees or making employment decisions based on such test
8    (5) Nothing in this Act shall be construed to encourage,
9prohibit, restrict, or authorize the otherwise lawful exercise
10by an employer subject to the jurisdiction of the United
11States Department of Transportation of authority to:
12        (a) test employees of such employer in, and applicants
13    for, positions involving safety-sensitive duties for the
14    illegal use of drugs and for on-duty impairment by
15    alcohol; and
16        (b) remove such persons who test positive for illegal
17    use of drugs and on-duty impairment by alcohol pursuant to
18    subparagraph (a) from safety-sensitive duties in
19    implementing paragraph (3).
20    (D) Nothing contained in this Act shall require an
21employer to sponsor, either monetarily or otherwise, any
22applicant or employee to obtain or modify work authorization
23status, unless otherwise required by federal law.
24    (E) Nothing contained in this Act shall be construed to
25obligate an employer, employment agency, or labor organization
26to make accommodations for an employee based on family



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1responsibilities, including accommodations as related to
2leave, scheduling, absenteeism, timeliness, work performance,
3referrals from a labor union hiring hall, and benefits.
4(Source: P.A. 102-233, eff. 8-2-21.)
5    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
6    (Text of Section before amendment by P.A. 103-472)
7    Sec. 6-101. Additional civil rights violations under
8Articles 2, 4, 5, and 5A. It is a civil rights violation for a
9person, or for 2 or more persons, to conspire to:
10        (A) Retaliation. Retaliate against a person because he
11    or she has opposed that which he or she reasonably and in
12    good faith believes to be unlawful discrimination, sexual
13    harassment in employment, sexual harassment in elementary,
14    secondary, and higher education, or discrimination based
15    on arrest record, citizenship status, or work
16    authorization status, or family responsibilities in
17    employment under Articles 2, 4, 5, and 5A, because he or
18    she has made a charge, filed a complaint, testified,
19    assisted, or participated in an investigation, proceeding,
20    or hearing under this Act, or because he or she has
21    requested, attempted to request, used, or attempted to use
22    a 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", "citizenship status", and "work authorization
6status", and "family responsibilities" shall have the same
7meaning as defined in Section 2-101 of this Act.
8(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
9102-813, eff. 5-13-22.)
10    Sec. 6-101. Additional civil rights violations under
11Articles 2, 4, 5, 5A, and 6. It is a civil rights violation for
12a person, or for 2 or more persons, to conspire to:
13        (A) Retaliation. Retaliate against a person because
14    that person has:
15            (i) opposed or reported conduct that the person
16        reasonably and in good faith believes to be prohibited
17        under Articles 2, 4, 5, 5A, and 6;
18            (ii) made a charge, filed a complaint, testified,
19        assisted, or participated in an investigation,
20        proceeding, or hearing under this Act; or
21            (iii) requested, attempted to request, used, or
22        attempted to use a reasonable accommodation as allowed
23        by this Act;
24        (B) Aiding and Abetting; Coercion. Aid, abet, compel,
25    or coerce a person to commit any violation of this Act;



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1        (C) Interference. Wilfully interfere with the
2    performance of a duty or the exercise of a power by the
3    Commission or one of its members or representatives or the
4    Department or one of its officers or employees.
5(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
6102-813, eff. 5-13-22; 103-472, eff. 8-1-24.)".