(305 ILCS 5/9A-13)
Work activity; anti-displacement provisions.
(a) As used in this Section "work activity" means any workfare, earnfare,
pay-after-performance, work-off-the-grant, work experience, or other activity
under Section 9A-9 or any other Section of this
Code in which a
recipient of public assistance performs work for any employer as a condition of
receiving the public assistance, and the employer does not pay wages for the
work; or as any grant diversion, wage supplementation, or similar program in
which the public assistance grant is provided to the employer as a subsidy for
the wages of any recipient in its workforce.
(b) An employer may not utilize a work activity participant if such
utilization would result in:
(1) the displacement or partial displacement of
current employees, including but not limited to a reduction in hours of non-overtime or overtime work, wages, or employment benefits; or
(2) the filling of a position that would otherwise be
a promotional opportunity for current employees; or
(3) the filling of a position created by or causing
termination, layoff, a hiring freeze, or a reduction in the workforce; or
(4) the placement of a participant in any established
(5) the performance of work by a participant if there
is a strike, lockout, or other labor dispute in which the employer is engaged.
(c) An employer who wishes to utilize work activity participants shall,
at least 15 days prior to utilizing such participants, notify the
labor organization of the name, work location, and the duties to be performed
by the participant.
(d) The Department of Human Services shall establish a grievance procedure
for employees and labor organizations to utilize in the event of any alleged
violation of this Section. Notwithstanding the above, a labor organization
may utilize the established grievance or arbitration procedure in its
collective bargaining agreement to contest violations of this Section.
(Source: P.A. 92-111, eff. 1-1-02.)