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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 2-101, 2-102, 2-104, and 6-101 as follows:
6    (775 ILCS 5/2-101)
7    Sec. 2-101. Definitions. The following definitions are
8applicable strictly in the context of this Article.
9    (A) Employee.
10        (1) "Employee" includes:
11            (a) Any individual performing services for
12        remuneration within this State for an employer;
13            (b) An apprentice;
14            (c) An applicant for any apprenticeship.
15        For purposes of subsection (D) of Section 2-102 of
16    this Act, "employee" also includes an unpaid intern. An
17    unpaid intern is a person who performs work for an
18    employer under the following circumstances:
19            (i) the employer is not committed to hiring the
20        person performing the work at the conclusion of the
21        intern's tenure;
22            (ii) the employer and the person performing the
23        work agree that the person is not entitled to wages for



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



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



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



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



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



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1contracts with units of local government or school districts.
2    (K) Citizenship Status. "Citizenship status" means the
3status of being:
4        (1) a born U.S. citizen;
5        (2) a naturalized U.S. citizen;
6        (3) a U.S. national; or
7        (4) a person born outside the United States and not a
8    U.S. citizen who is lawfully present and who is protected
9    from discrimination under the provisions of Section 1324b
10    of Title 8 of the United States Code, as now or hereafter
11    amended.
12    (L) Work Authorization Status. "Work authorization status"
13means the status of being a person born outside of the United
14States, and not a U.S. citizen, who is authorized by the
15federal government to work in the United States.
16    (M) Family Responsibilities. "Family responsibilities"
17means an employee's actual or perceived provision of personal
18care to a family member. As used in this definition:
19        (1)"Personal care" has the meaning given to that term
20    in the Employee Sick Leave Act.
21        (2) "Family member" has the meaning given to the term
22    "covered family member" in the Employee Sick Leave Act.
23(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
24102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff.



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1    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
2    Sec. 2-102. Civil rights violations - employment. It is a
3civil rights violation:
4        (A) Employers. For any employer to refuse to hire, to
5    segregate, to engage in harassment as defined in
6    subsection (E-1) of Section 2-101, or to act with respect
7    to recruitment, hiring, promotion, renewal of employment,
8    selection for training or apprenticeship, discharge,
9    discipline, tenure or terms, privileges or conditions of
10    employment on the basis of unlawful discrimination,
11    citizenship status, or work authorization status, or
12    family responsibilities. An employer is responsible for
13    harassment by the employer's nonmanagerial and
14    nonsupervisory employees only if the employer becomes
15    aware of the conduct and fails to take reasonable
16    corrective measures.
17        (A-5) Language. For an employer to impose a
18    restriction that has the effect of prohibiting a language
19    from being spoken by an employee in communications that
20    are unrelated to the employee's duties.
21        For the purposes of this subdivision (A-5), "language"
22    means a person's native tongue, such as Polish, Spanish,
23    or Chinese. "Language" does not include such things as
24    slang, jargon, profanity, or vulgarity.
25        (A-10) Harassment of nonemployees. For any employer,
26    employment agency, or labor organization to engage in



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



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



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1    purposes of this subdivision (D-5), "nonemployee" means a
2    person who is not otherwise an employee of the employer
3    and is directly performing services for the employer
4    pursuant to a contract with that employer. "Nonemployee"
5    includes contractors and consultants. This subdivision
6    applies to sexual harassment occurring on or after the
7    effective date of this amendatory Act of the 101st General
8    Assembly.
9        (E) Public employers. For any public employer to
10    refuse to permit a public employee under its jurisdiction
11    who takes time off from work in order to practice his or
12    her religious beliefs to engage in work, during hours
13    other than such employee's regular working hours,
14    consistent with the operational needs of the employer and
15    in order to compensate for work time lost for such
16    religious reasons. Any employee who elects such deferred
17    work shall be compensated at the wage rate which he or she
18    would have earned during the originally scheduled work
19    period. The employer may require that an employee who
20    plans to take time off from work in order to practice his
21    or her religious beliefs provide the employer with a
22    notice of his or her intention to be absent from work not
23    exceeding 5 days prior to the date of absence.
24        (E-5) Religious discrimination. For any employer to
25    impose upon a person as a condition of obtaining or
26    retaining employment, including opportunities for



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1    promotion, advancement, or transfer, any terms or
2    conditions that would require such person to violate or
3    forgo a sincerely held practice of his or her religion
4    including, but not limited to, the wearing of any attire,
5    clothing, or facial hair in accordance with the
6    requirements of his or her religion, unless, after
7    engaging in a bona fide effort, the employer demonstrates
8    that it is unable to reasonably accommodate the employee's
9    or prospective employee's sincerely held religious belief,
10    practice, or observance without undue hardship on the
11    conduct of the employer's business.
12        Nothing in this Section prohibits an employer from
13    enacting a dress code or grooming policy that may include
14    restrictions on attire, clothing, or facial hair to
15    maintain workplace safety or food sanitation.
16        (F) Training and apprenticeship programs. For any
17    employer, employment agency or labor organization to
18    discriminate against a person on the basis of age in the
19    selection, referral for or conduct of apprenticeship or
20    training programs.
21        (G) Immigration-related practices.
22            (1) for an employer to request for purposes of
23        satisfying the requirements of Section 1324a(b) of
24        Title 8 of the United States Code, as now or hereafter
25        amended, more or different documents than are required
26        under such Section or to refuse to honor documents



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1        tendered that on their face reasonably appear to be
2        genuine or to refuse to honor work authorization based
3        upon the specific status or term of status that
4        accompanies the authorization to work; or
5            (2) for an employer participating in the E-Verify
6        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
7        Programs for Employment Eligibility Confirmation
8        (enacted by PL 104-208, div. C title IV, subtitle A) to
9        refuse to hire, to segregate, or to act with respect to
10        recruitment, hiring, promotion, renewal of employment,
11        selection for training or apprenticeship, discharge,
12        discipline, tenure or terms, privileges or conditions
13        of employment without following the procedures under
14        the E-Verify Program.
15        (H) (Blank).
16        (I) Pregnancy. For an employer to refuse to hire, to
17    segregate, or to act with respect to recruitment, hiring,
18    promotion, renewal of employment, selection for training
19    or apprenticeship, discharge, discipline, tenure or terms,
20    privileges or conditions of employment on the basis of
21    pregnancy, childbirth, or medical or common conditions
22    related to pregnancy or childbirth. Women affected by
23    pregnancy, childbirth, or medical or common conditions
24    related to pregnancy or childbirth shall be treated the
25    same for all employment-related purposes, including
26    receipt of benefits under fringe benefit programs, as



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1    other persons not so affected but similar in their ability
2    or inability to work, regardless of the source of the
3    inability to work or employment classification or status.
4        (J) Pregnancy; reasonable accommodations.
5            (1) If after a job applicant or employee,
6        including a part-time, full-time, or probationary
7        employee, requests a reasonable accommodation, for an
8        employer to not make reasonable accommodations for any
9        medical or common condition of a job applicant or
10        employee related to pregnancy or childbirth, unless
11        the employer can demonstrate that the accommodation
12        would impose an undue hardship on the ordinary
13        operation of the business of the employer. The
14        employer may request documentation from the employee's
15        health care provider concerning the need for the
16        requested reasonable accommodation or accommodations
17        to the same extent documentation is requested for
18        conditions related to disability if the employer's
19        request for documentation is job-related and
20        consistent with business necessity. The employer may
21        require only the medical justification for the
22        requested accommodation or accommodations, a
23        description of the reasonable accommodation or
24        accommodations medically advisable, the date the
25        reasonable accommodation or accommodations became
26        medically advisable, and the probable duration of the



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



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1        accommodation and the applicant or employee chooses
2        not to accept the employer's accommodation.
3            (4) For an employer to require an employee,
4        including a part-time, full-time, or probationary
5        employee, to take leave under any leave law or policy
6        of the employer if another reasonable accommodation
7        can be provided to the known medical or common
8        conditions related to the pregnancy or childbirth of
9        an employee. No employer shall fail or refuse to
10        reinstate the employee affected by pregnancy,
11        childbirth, or medical or common conditions related to
12        pregnancy or childbirth to her original job or to an
13        equivalent position with equivalent pay and
14        accumulated seniority, retirement, fringe benefits,
15        and other applicable service credits upon her
16        signifying her intent to return or when her need for
17        reasonable accommodation ceases, unless the employer
18        can demonstrate that the accommodation would impose an
19        undue hardship on the ordinary operation of the
20        business of the employer.
21        For the purposes of this subdivision (J), "reasonable
22    accommodations" means reasonable modifications or
23    adjustments to the job application process or work
24    environment, or to the manner or circumstances under which
25    the position desired or held is customarily performed,
26    that enable an applicant or employee affected by



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1    pregnancy, childbirth, or medical or common conditions
2    related to pregnancy or childbirth to be considered for
3    the position the applicant desires or to perform the
4    essential functions of that position, and may include, but
5    is not limited to: more frequent or longer bathroom
6    breaks, breaks for increased water intake, and breaks for
7    periodic rest; private non-bathroom space for expressing
8    breast milk and breastfeeding; seating; assistance with
9    manual labor; light duty; temporary transfer to a less
10    strenuous or hazardous position; the provision of an
11    accessible worksite; acquisition or modification of
12    equipment; job restructuring; a part-time or modified work
13    schedule; appropriate adjustment or modifications of
14    examinations, training materials, or policies;
15    reassignment to a vacant position; time off to recover
16    from conditions related to childbirth; and leave
17    necessitated by pregnancy, childbirth, or medical or
18    common conditions resulting from pregnancy or childbirth.
19        For the purposes of this subdivision (J), "undue
20    hardship" means an action that is prohibitively expensive
21    or disruptive when considered in light of the following
22    factors: (i) the nature and cost of the accommodation
23    needed; (ii) the overall financial resources of the
24    facility or facilities involved in the provision of the
25    reasonable accommodation, the number of persons employed
26    at the facility, the effect on expenses and resources, or



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1    the impact otherwise of the accommodation upon the
2    operation of the facility; (iii) the overall financial
3    resources of the employer, the overall size of the
4    business of the employer with respect to the number of its
5    employees, and the number, type, and location of its
6    facilities; and (iv) the type of operation or operations
7    of the employer, including the composition, structure, and
8    functions of the workforce of the employer, the geographic
9    separateness, administrative, or fiscal relationship of
10    the facility or facilities in question to the employer.
11    The employer has the burden of proving undue hardship. The
12    fact that the employer provides or would be required to
13    provide a similar accommodation to similarly situated
14    employees creates a rebuttable presumption that the
15    accommodation does not impose an undue hardship on the
16    employer.
17        No employer is required by this subdivision (J) to
18    create additional employment that the employer would not
19    otherwise have created, unless the employer does so or
20    would do so for other classes of employees who need
21    accommodation. The employer is not required to discharge
22    any employee, transfer any employee with more seniority,
23    or promote any employee who is not qualified to perform
24    the job, unless the employer does so or would do so to
25    accommodate other classes of employees who need it.
26        (K) Notice.



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1            (1) For an employer to fail to post or keep posted
2        in a conspicuous location on the premises of the
3        employer where notices to employees are customarily
4        posted, or fail to include in any employee handbook
5        information concerning an employee's rights under this
6        Article, a notice, to be prepared or approved by the
7        Department, summarizing the requirements of this
8        Article and information pertaining to the filing of a
9        charge, including the right to be free from unlawful
10        discrimination, the right to be free from sexual
11        harassment, and the right to certain reasonable
12        accommodations. The Department shall make the
13        documents required under this paragraph available for
14        retrieval from the Department's website.
15            (2) Upon notification of a violation of paragraph
16        (1) of this subdivision (K), the Department may launch
17        a preliminary investigation. If the Department finds a
18        violation, the Department may issue a notice to show
19        cause giving the employer 30 days to correct the
20        violation. If the violation is not corrected, the
21        Department may initiate a charge of a civil rights
22        violation.
23(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
24    (775 ILCS 5/2-104)  (from Ch. 68, par. 2-104)
25    Sec. 2-104. Exemptions.



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1    (A) Nothing contained in this Act shall prohibit an
2employer, employment agency, or labor organization from:
3        (1) Bona Fide Qualification. Hiring or selecting
4    between persons for bona fide occupational qualifications
5    or any reason except those civil-rights violations
6    specifically identified in this Article.
7        (2) Veterans. Giving preferential treatment to
8    veterans and their relatives as required by the laws or
9    regulations of the United States or this State or a unit of
10    local government, or pursuant to a private employer's
11    voluntary veterans' preference employment policy
12    authorized by the Veterans Preference in Private
13    Employment Act.
14        (3) Unfavorable Discharge From Military Service.
15            (a) Using unfavorable discharge from military
16        service as a valid employment criterion when
17        authorized by federal law or regulation or when a
18        position of employment involves the exercise of
19        fiduciary responsibilities as defined by rules and
20        regulations which the Department shall adopt; or
21            (b) Participating in a bona fide recruiting
22        incentive program, sponsored by a branch of the United
23        States Armed Forces, a reserve component of the United
24        States Armed Forces, or any National Guard or Naval
25        Militia, where participation in the program is limited
26        by the sponsoring branch based upon the service



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



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



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



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



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1such collective bargaining agreement or January 1, 1990,
2whichever occurs first.
3    (C)(1) For purposes of this Act, the term "disability"
4shall not include any employee or applicant who is currently
5engaging in the illegal use of drugs, when an employer acts on
6the basis of such use.
7    (2) Paragraph (1) shall not apply where an employee or
8applicant for employment:
9        (a) has successfully completed a supervised drug
10    rehabilitation program and is no longer engaging in the
11    illegal use of drugs, or has otherwise been rehabilitated
12    successfully and is no longer engaging in such use;
13        (b) is participating in a supervised rehabilitation
14    program and is no longer engaging in such use; or
15        (c) is erroneously regarded as engaging in such use,
16    but is not engaging in such use.
17    It shall not be a violation of this Act for an employer to
18adopt or administer reasonable policies or procedures,
19including but not limited to drug testing, designed to ensure
20that an individual described in subparagraph (a) or (b) is no
21longer engaging in the illegal use of drugs.
22    (3) An employer:
23        (a) may prohibit the illegal use of drugs and the use
24    of alcohol at the workplace by all employees;
25        (b) may require that employees shall not be under the
26    influence of alcohol or be engaging in the illegal use of



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1    drugs at the workplace;
2        (c) may require that employees behave in conformance
3    with the requirements established under the federal
4    Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.)
5    and the Drug Free Workplace Act;
6        (d) may hold an employee who engages in the illegal
7    use of drugs or who is an alcoholic to the same
8    qualification standards for employment or job performance
9    and behavior that such employer holds other employees,
10    even if any unsatisfactory performance or behavior is
11    related to the drug use or alcoholism of such employee;
12    and
13        (e) may, with respect to federal regulations regarding
14    alcohol and the illegal use of drugs, require that:
15            (i) employees comply with the standards
16        established in such regulations of the United States
17        Department of Defense, if the employees of the
18        employer are employed in an industry subject to such
19        regulations, including complying with regulations (if
20        any) that apply to employment in sensitive positions
21        in such an industry, in the case of employees of the
22        employer who are employed in such positions (as
23        defined in the regulations of the Department of
24        Defense);
25            (ii) employees comply with the standards
26        established in such regulations of the Nuclear



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



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1prohibit, restrict, or authorize the otherwise lawful exercise
2by an employer subject to the jurisdiction of the United
3States Department of Transportation of authority to:
4        (a) test employees of such employer in, and applicants
5    for, positions involving safety-sensitive duties for the
6    illegal use of drugs and for on-duty impairment by
7    alcohol; and
8        (b) remove such persons who test positive for illegal
9    use of drugs and on-duty impairment by alcohol pursuant to
10    subparagraph (a) from safety-sensitive duties in
11    implementing paragraph (3).
12    (D) Nothing contained in this Act shall require an
13employer to sponsor, either monetarily or otherwise, any
14applicant or employee to obtain or modify work authorization
15status, unless otherwise required by federal law.
16    (E) Nothing contained in this Act may be construed to
17obligate an employer, employment agency, or labor organization
18to make accommodations or modifications to reasonable
19workplace rules or policies for an employee based on family
20responsibilities, including accommodations or modifications
21related to leave, scheduling, productivity, attendance,
22absenteeism, timeliness, work performance, referrals from a
23labor union hiring hall, and benefits, as long as its rules or
24policies are applied in accordance with this Act. Further,
25nothing contained in this Act prevents an employer from taking
26adverse action or otherwise enforcing reasonable workplace



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



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1    or coerce a person to commit any violation of this Act;
2        (C) Interference. Wilfully interfere with the
3    performance of a duty or the exercise of a power by the
4    Commission or one of its members or representatives or the
5    Department or one of its officers or employees.
6    Definitions. For the purposes of this Section, "sexual
7harassment", "citizenship status", and "work authorization
8status", and "family responsibilities" shall have the same
9meaning as defined in Section 2-101 of this Act.
10(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
11102-813, eff. 5-13-22.)
12    (Text of Section after amendment by P.A. 103-472)
13    Sec. 6-101. Additional civil rights violations under
14Articles 2, 4, 5, 5A, and 6. It is a civil rights violation for
15a person, or for 2 or more persons, to conspire to:
16        (A) Retaliation. Retaliate against a person because
17    that person has:
18            (i) opposed or reported conduct that the person
19        reasonably and in good faith believes to be prohibited
20        under Articles 2, 4, 5, 5A, and 6;
21            (ii) made a charge, filed a complaint, testified,
22        assisted, or participated in an investigation,
23        proceeding, or hearing under this Act; or
24            (iii) requested, attempted to request, used, or
25        attempted to use a reasonable accommodation as allowed



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1        by this Act;
2        (B) Aiding and Abetting; Coercion. Aid, abet, compel,
3    or coerce a person to commit any violation of this Act;
4        (C) Interference. Wilfully interfere with the
5    performance of a duty or the exercise of a power by the
6    Commission or one of its members or representatives or the
7    Department or one of its officers or employees.
8(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
9102-813, eff. 5-13-22; 103-472, eff. 8-1-24.)