|
the work performed; and |
(iii) the work performed: |
(I) supplements training given in an |
educational environment that may enhance the |
employability of the intern; |
(II) provides experience for the benefit of |
the person performing the work; |
(III) does not displace regular employees; |
(IV) is performed under the close supervision |
of existing staff; and |
(V) provides no immediate advantage to the |
employer providing the training and may |
occasionally impede the operations of the |
employer. |
(2) "Employee" does not include: |
(a) (Blank); |
(b) Individuals employed by persons who are not |
"employers" as defined by this Act; |
(c) Elected public officials or the members of |
their immediate personal staffs; |
(d) Principal administrative officers of the State |
or of any political subdivision, municipal corporation |
or other governmental unit or agency; |
(e) A person in a vocational rehabilitation |
facility certified under federal law who has been |
designated an evaluee, trainee, or work activity |
|
client. |
(B) Employer. |
(1) "Employer" includes: |
(a) Any person employing one or more employees |
within Illinois during 20 or more calendar weeks |
within the calendar year of or preceding the alleged |
violation; |
(b) Any person employing one or more employees |
when a complainant alleges civil rights violation due |
to unlawful discrimination based upon his or her |
physical or mental disability unrelated to ability, |
pregnancy, or sexual harassment; |
(c) The State and any political subdivision, |
municipal corporation or other governmental unit or |
agency, without regard to the number of employees; |
(d) Any party to a public contract without regard |
to the number of employees; |
(e) A joint apprenticeship or training committee |
without regard to the number of employees. |
(2) "Employer" does not include any place of worship, |
religious corporation, association, educational |
institution, society, or non-profit nursing institution |
conducted by and for those who rely upon treatment by |
prayer through spiritual means in accordance with the |
tenets of a recognized church or religious denomination |
with respect to the employment of individuals of a |
|
particular religion to perform work connected with the |
carrying on by such place of worship, corporation, |
association, educational institution, society or |
non-profit nursing institution of its activities. |
(C) Employment Agency. "Employment Agency" includes both |
public and private employment agencies and any person, labor |
organization, or labor union having a hiring hall or hiring |
office regularly undertaking, with or without compensation, to |
procure opportunities to work, or to procure, recruit, refer |
or place employees. |
(D) Labor Organization. "Labor Organization" includes any |
organization, labor union, craft union, or any voluntary |
unincorporated association designed to further the cause of |
the rights of union labor which is constituted for the |
purpose, in whole or in part, of collective bargaining or of |
dealing with employers concerning grievances, terms or |
conditions of employment, or apprenticeships or applications |
for apprenticeships, or of other mutual aid or protection in |
connection with employment, including apprenticeships or |
applications for apprenticeships. |
(E) Sexual Harassment. "Sexual harassment" means any |
unwelcome sexual advances or requests for sexual favors or any |
conduct of a sexual nature when (1) submission to such conduct |
is made either explicitly or implicitly a term or condition of |
an individual's employment, (2) submission to or rejection of |
such conduct by an individual is used as the basis for |
|
employment decisions affecting such individual, or (3) such |
conduct has the purpose or effect of substantially interfering |
with an individual's work performance or creating an |
intimidating, hostile or offensive working environment. |
For purposes of this definition, the phrase "working |
environment" is not limited to a physical location an employee |
is assigned to perform his or her duties. |
(E-1) Harassment. "Harassment" means any unwelcome conduct |
on the basis of an individual's actual or perceived race, |
color, religion, national origin, ancestry, age, sex, marital |
status, order of protection status, disability, military |
status, sexual orientation, pregnancy, unfavorable discharge |
from military service, citizenship status, or work |
authorization status, or family responsibilities that has the |
purpose or effect of substantially interfering with the |
individual's work performance or creating an intimidating, |
hostile, or offensive working environment. For purposes of |
this definition, the phrase "working environment" is not |
limited to a physical location an employee is assigned to |
perform his or her duties. |
(F) Religion. "Religion" with respect to employers |
includes all aspects of religious observance and practice, as |
well as belief, unless an employer demonstrates that he is |
unable to reasonably accommodate an employee's or prospective |
employee's religious observance or practice without undue |
hardship on the conduct of the employer's business. |
|
(G) Public Employer. "Public employer" means the State, an |
agency or department thereof, unit of local government, school |
district, instrumentality or political subdivision. |
(H) Public Employee. "Public employee" means an employee |
of the State, agency or department thereof, unit of local |
government, school district, instrumentality or political |
subdivision. "Public employee" does not include public |
officers or employees of the General Assembly or agencies |
thereof. |
(I) Public Officer. "Public officer" means a person who is |
elected to office pursuant to the Constitution or a statute or |
ordinance, or who is appointed to an office which is |
established, and the qualifications and duties of which are |
prescribed, by the Constitution or a statute or ordinance, to |
discharge a public duty for the State, agency or department |
thereof, unit of local government, school district, |
instrumentality or political subdivision. |
(J) Eligible Bidder. "Eligible bidder" means a person who, |
prior to contract award or prior to bid opening for State |
contracts for construction or construction-related services, |
has filed with the Department a properly completed, sworn and |
currently valid employer report form, pursuant to the |
Department's regulations. The provisions of this Article |
relating to eligible bidders apply only to bids on contracts |
with the State and its departments, agencies, boards, and |
commissions, and the provisions do not apply to bids on |
|
contracts with units of local government or school districts. |
(K) Citizenship Status. "Citizenship status" means the |
status of being: |
(1) a born U.S. citizen; |
(2) a naturalized U.S. citizen; |
(3) a U.S. national; or |
(4) a person born outside the United States and not a |
U.S. citizen who is lawfully present and who is protected |
from discrimination under the provisions of Section 1324b |
of Title 8 of the United States Code, as now or hereafter |
amended. |
(L) Work Authorization Status. "Work authorization status" |
means the status of being a person born outside of the United |
States, and not a U.S. citizen, who is authorized by the |
federal government to work in the United States. |
(M) Family Responsibilities. "Family responsibilities" |
means an employee's actual or perceived provision of personal |
care to a family member. As used in this definition: |
(1)"Personal care" has the meaning given to that term |
in the Employee Sick Leave Act. |
(2) "Family member" has the meaning given to the term |
"covered family member" in the Employee Sick Leave Act. |
(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; |
102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. |
5-27-22.)
|
|
(775 ILCS 5/2-102) (from Ch. 68, par. 2-102) |
Sec. 2-102. Civil rights violations - employment. It is a |
civil rights violation: |
(A) Employers. For any employer to refuse to hire, to |
segregate, to engage in harassment as defined in |
subsection (E-1) of Section 2-101, or to act with respect |
to recruitment, hiring, promotion, renewal of employment, |
selection for training or apprenticeship, discharge, |
discipline, tenure or terms, privileges or conditions of |
employment on the basis of unlawful discrimination, |
citizenship status, or work authorization status, or |
family responsibilities. An employer is responsible for |
harassment by the employer's nonmanagerial and |
nonsupervisory employees only if the employer becomes |
aware of the conduct and fails to take reasonable |
corrective measures. |
(A-5) Language. For an employer to impose a |
restriction that has the effect of prohibiting a language |
from being spoken by an employee in communications that |
are unrelated to the employee's duties. |
For the purposes of this subdivision (A-5), "language" |
means a person's native tongue, such as Polish, Spanish, |
or Chinese. "Language" does not include such things as |
slang, jargon, profanity, or vulgarity. |
(A-10) Harassment of nonemployees. For any employer, |
employment agency, or labor organization to engage in |
|
harassment of nonemployees in the workplace. An employer |
is responsible for harassment of nonemployees by the |
employer's nonmanagerial and nonsupervisory employees only |
if the employer becomes aware of the conduct and fails to |
take reasonable corrective measures. For the purposes of |
this subdivision (A-10), "nonemployee" means a person who |
is not otherwise an employee of the employer and is |
directly performing services for the employer pursuant to |
a contract with that employer. "Nonemployee" includes |
contractors and consultants. This subdivision applies to |
harassment occurring on or after the effective date of |
this amendatory Act of the 101st General Assembly. |
(B) Employment agency. For any employment agency to |
fail or refuse to classify properly, accept applications |
and register for employment referral or apprenticeship |
referral, refer for employment, or refer for |
apprenticeship on the basis of unlawful discrimination, |
citizenship status, or work authorization status, or |
family responsibilities or to accept from any person any |
job order, requisition or request for referral of |
applicants for employment or apprenticeship which makes or |
has the effect of making unlawful discrimination or |
discrimination on the basis of citizenship status or work |
authorization status, or family responsibilities a |
condition of referral. |
(C) Labor organization. For any labor organization to |
|
limit, segregate or classify its membership, or to limit |
employment opportunities, selection and training for |
apprenticeship in any trade or craft, or otherwise to |
take, or fail to take, any action which affects adversely |
any person's status as an employee or as an applicant for |
employment or as an apprentice, or as an applicant for |
apprenticeships, or wages, tenure, hours of employment or |
apprenticeship conditions on the basis of unlawful |
discrimination, citizenship status, or work authorization |
status, or family responsibilities. |
(D) Sexual harassment. For any employer, employee, |
agent of any employer, employment agency or labor |
organization to engage in sexual harassment; provided, |
that an employer shall be responsible for sexual |
harassment of the employer's employees by nonemployees or |
nonmanagerial and nonsupervisory employees only if the |
employer becomes aware of the conduct and fails to take |
reasonable corrective measures. |
(D-5) Sexual harassment of nonemployees. For any |
employer, employee, agent of any employer, employment |
agency, or labor organization to engage in sexual |
harassment of nonemployees in the workplace. An employer |
is responsible for sexual harassment of nonemployees by |
the employer's nonmanagerial and nonsupervisory employees |
only if the employer becomes aware of the conduct and |
fails to take reasonable corrective measures. For the |
|
purposes of this subdivision (D-5), "nonemployee" means a |
person who is not otherwise an employee of the employer |
and is directly performing services for the employer |
pursuant to a contract with that employer. "Nonemployee" |
includes contractors and consultants. This subdivision |
applies to sexual harassment occurring on or after the |
effective date of this amendatory Act of the 101st General |
Assembly. |
(E) Public employers. For any public employer to |
refuse to permit a public employee under its jurisdiction |
who takes time off from work in order to practice his or |
her religious beliefs to engage in work, during hours |
other than such employee's regular working hours, |
consistent with the operational needs of the employer and |
in order to compensate for work time lost for such |
religious reasons. Any employee who elects such deferred |
work shall be compensated at the wage rate which he or she |
would have earned during the originally scheduled work |
period. The employer may require that an employee who |
plans to take time off from work in order to practice his |
or her religious beliefs provide the employer with a |
notice of his or her intention to be absent from work not |
exceeding 5 days prior to the date of absence. |
(E-5) Religious discrimination. For any employer to |
impose upon a person as a condition of obtaining or |
retaining employment, including opportunities for |
|
promotion, advancement, or transfer, any terms or |
conditions that would require such person to violate or |
forgo a sincerely held practice of his or her religion |
including, but not limited to, the wearing of any attire, |
clothing, or facial hair in accordance with the |
requirements of his or her religion, unless, after |
engaging in a bona fide effort, the employer demonstrates |
that it is unable to reasonably accommodate the employee's |
or prospective employee's sincerely held religious belief, |
practice, or observance without undue hardship on the |
conduct of the employer's business. |
Nothing in this Section prohibits an employer from |
enacting a dress code or grooming policy that may include |
restrictions on attire, clothing, or facial hair to |
maintain workplace safety or food sanitation. |
(F) Training and apprenticeship programs. For any |
employer, employment agency or labor organization to |
discriminate against a person on the basis of age in the |
selection, referral for or conduct of apprenticeship or |
training programs. |
(G) Immigration-related practices. |
(1) for an employer to request for purposes of |
satisfying the requirements of Section 1324a(b) of |
Title 8 of the United States Code, as now or hereafter |
amended, more or different documents than are required |
under such Section or to refuse to honor documents |
|
tendered that on their face reasonably appear to be |
genuine or to refuse to honor work authorization based |
upon the specific status or term of status that |
accompanies the authorization to work; or |
(2) for an employer participating in the E-Verify |
Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot |
Programs for Employment Eligibility Confirmation |
(enacted by PL 104-208, div. C title IV, subtitle A) to |
refuse to hire, to segregate, or to act with respect to |
recruitment, hiring, promotion, renewal of employment, |
selection for training or apprenticeship, discharge, |
discipline, tenure or terms, privileges or conditions |
of employment without following the procedures under |
the E-Verify Program. |
(H) (Blank). |
(I) Pregnancy. For an employer to refuse to hire, to |
segregate, or to act with respect to recruitment, hiring, |
promotion, renewal of employment, selection for training |
or apprenticeship, discharge, discipline, tenure or terms, |
privileges or conditions of employment on the basis of |
pregnancy, childbirth, or medical or common conditions |
related to pregnancy or childbirth. Women affected by |
pregnancy, childbirth, or medical or common conditions |
related to pregnancy or childbirth shall be treated the |
same for all employment-related purposes, including |
receipt of benefits under fringe benefit programs, as |
|
other persons not so affected but similar in their ability |
or inability to work, regardless of the source of the |
inability to work or employment classification or status. |
(J) Pregnancy; reasonable accommodations. |
(1) If after a job applicant or employee, |
including a part-time, full-time, or probationary |
employee, requests a reasonable accommodation, for an |
employer to not make reasonable accommodations for any |
medical or common condition of a job applicant or |
employee related to pregnancy or childbirth, unless |
the employer can demonstrate that the accommodation |
would impose an undue hardship on the ordinary |
operation of the business of the employer. The |
employer may request documentation from the employee's |
health care provider concerning the need for the |
requested reasonable accommodation or accommodations |
to the same extent documentation is requested for |
conditions related to disability if the employer's |
request for documentation is job-related and |
consistent with business necessity. The employer may |
require only the medical justification for the |
requested accommodation or accommodations, a |
description of the reasonable accommodation or |
accommodations medically advisable, the date the |
reasonable accommodation or accommodations became |
medically advisable, and the probable duration of the |
|
reasonable accommodation or accommodations. It is the |
duty of the individual seeking a reasonable |
accommodation or accommodations to submit to the |
employer any documentation that is requested in |
accordance with this paragraph. Notwithstanding the |
provisions of this paragraph, the employer may require |
documentation by the employee's health care provider |
to determine compliance with other laws. The employee |
and employer shall engage in a timely, good faith, and |
meaningful exchange to determine effective reasonable |
accommodations. |
(2) For an employer to deny employment |
opportunities or benefits to or take adverse action |
against an otherwise qualified job applicant or |
employee, including a part-time, full-time, or |
probationary employee, if the denial or adverse action |
is based on the need of the employer to make reasonable |
accommodations to the known medical or common |
conditions related to the pregnancy or childbirth of |
the applicant or employee. |
(3) For an employer to require a job applicant or |
employee, including a part-time, full-time, or |
probationary employee, affected by pregnancy, |
childbirth, or medical or common conditions related to |
pregnancy or childbirth to accept an accommodation |
when the applicant or employee did not request an |
|
accommodation and the applicant or employee chooses |
not to accept the employer's accommodation. |
(4) For an employer to require an employee, |
including a part-time, full-time, or probationary |
employee, to take leave under any leave law or policy |
of the employer if another reasonable accommodation |
can be provided to the known medical or common |
conditions related to the pregnancy or childbirth of |
an employee. No employer shall fail or refuse to |
reinstate the employee affected by pregnancy, |
childbirth, or medical or common conditions related to |
pregnancy or childbirth to her original job or to an |
equivalent position with equivalent pay and |
accumulated seniority, retirement, fringe benefits, |
and other applicable service credits upon her |
signifying her intent to return or when her need for |
reasonable accommodation ceases, unless the employer |
can demonstrate that the accommodation would impose an |
undue hardship on the ordinary operation of the |
business of the employer. |
For the purposes of this subdivision (J), "reasonable |
accommodations" means reasonable modifications or |
adjustments to the job application process or work |
environment, or to the manner or circumstances under which |
the position desired or held is customarily performed, |
that enable an applicant or employee affected by |
|
pregnancy, childbirth, or medical or common conditions |
related to pregnancy or childbirth to be considered for |
the position the applicant desires or to perform the |
essential functions of that position, and may include, but |
is not limited to: more frequent or longer bathroom |
breaks, breaks for increased water intake, and breaks for |
periodic rest; private non-bathroom space for expressing |
breast milk and breastfeeding; seating; assistance with |
manual labor; light duty; temporary transfer to a less |
strenuous or hazardous position; the provision of an |
accessible worksite; acquisition or modification of |
equipment; job restructuring; a part-time or modified work |
schedule; appropriate adjustment or modifications of |
examinations, training materials, or policies; |
reassignment to a vacant position; time off to recover |
from conditions related to childbirth; and leave |
necessitated by pregnancy, childbirth, or medical or |
common conditions resulting from pregnancy or childbirth. |
For the purposes of this subdivision (J), "undue |
hardship" means an action that is prohibitively expensive |
or disruptive when considered in light of the following |
factors: (i) the nature and cost of the accommodation |
needed; (ii) the overall financial resources of the |
facility or facilities involved in the provision of the |
reasonable accommodation, the number of persons employed |
at the facility, the effect on expenses and resources, or |
|
the impact otherwise of the accommodation upon the |
operation of the facility; (iii) the overall financial |
resources of the employer, the overall size of the |
business of the employer with respect to the number of its |
employees, and the number, type, and location of its |
facilities; and (iv) the type of operation or operations |
of the employer, including the composition, structure, and |
functions of the workforce of the employer, the geographic |
separateness, administrative, or fiscal relationship of |
the facility or facilities in question to the employer. |
The employer has the burden of proving undue hardship. The |
fact that the employer provides or would be required to |
provide a similar accommodation to similarly situated |
employees creates a rebuttable presumption that the |
accommodation does not impose an undue hardship on the |
employer. |
No employer is required by this subdivision (J) to |
create additional employment that the employer would not |
otherwise have created, unless the employer does so or |
would do so for other classes of employees who need |
accommodation. The employer is not required to discharge |
any employee, transfer any employee with more seniority, |
or promote any employee who is not qualified to perform |
the job, unless the employer does so or would do so to |
accommodate other classes of employees who need it. |
(K) Notice. |
|
(1) For an employer to fail to post or keep posted |
in a conspicuous location on the premises of the |
employer where notices to employees are customarily |
posted, or fail to include in any employee handbook |
information concerning an employee's rights under this |
Article, a notice, to be prepared or approved by the |
Department, summarizing the requirements of this |
Article and information pertaining to the filing of a |
charge, including the right to be free from unlawful |
discrimination, the right to be free from sexual |
harassment, and the right to certain reasonable |
accommodations. The Department shall make the |
documents required under this paragraph available for |
retrieval from the Department's website. |
(2) Upon notification of a violation of paragraph |
(1) of this subdivision (K), the Department may launch |
a preliminary investigation. If the Department finds a |
violation, the Department may issue a notice to show |
cause giving the employer 30 days to correct the |
violation. If the violation is not corrected, the |
Department may initiate a charge of a civil rights |
violation. |
(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
|
(775 ILCS 5/2-104) (from Ch. 68, par. 2-104) |
Sec. 2-104. Exemptions. |
|
(A) Nothing contained in this Act shall prohibit an |
employer, employment agency, or labor organization from: |
(1) Bona Fide Qualification. Hiring or selecting |
between persons for bona fide occupational qualifications |
or any reason except those civil-rights violations |
specifically identified in this Article. |
(2) Veterans. Giving preferential treatment to |
veterans and their relatives as required by the laws or |
regulations of the United States or this State or a unit of |
local government, or pursuant to a private employer's |
voluntary veterans' preference employment policy |
authorized by the Veterans Preference in Private |
Employment Act. |
(3) Unfavorable Discharge From Military Service. |
(a) Using unfavorable discharge from military |
service as a valid employment criterion when |
authorized by federal law or regulation or when a |
position of employment involves the exercise of |
fiduciary responsibilities as defined by rules and |
regulations which the Department shall adopt; or |
(b) Participating in a bona fide recruiting |
incentive program, sponsored by a branch of the United |
States Armed Forces, a reserve component of the United |
States Armed Forces, or any National Guard or Naval |
Militia, where participation in the program is limited |
by the sponsoring branch based upon the service |
|
member's discharge status. |
(4) Ability Tests. Giving or acting upon the results |
of any professionally developed ability test provided that |
such test, its administration, or action upon the results, |
is not used as a subterfuge for or does not have the effect |
of unlawful discrimination. |
(5) Merit and Retirement Systems. |
(a) Applying different standards of compensation, |
or different terms, conditions or privileges of |
employment pursuant to a merit or retirement system |
provided that such system or its administration is not |
used as a subterfuge for or does not have the effect of |
unlawful discrimination. |
(b) Effecting compulsory retirement of any |
employee who has attained 65 years of age and who, for |
the 2-year period immediately preceding retirement, is |
employed in a bona fide executive or a high |
policymaking position, if such employee is entitled to |
an immediate nonforfeitable annual retirement benefit |
from a pension, profit-sharing, savings, or deferred |
compensation plan, or any combination of such plans of |
the employer of such employee, which equals, in the |
aggregate, at least $44,000. If any such retirement |
benefit is in a form other than a straight life annuity |
(with no ancillary benefits) or if the employees |
contribute to any such plan or make rollover |
|
contributions, the retirement benefit shall be |
adjusted in accordance with regulations prescribed by |
the Department, so that the benefit is the equivalent |
of a straight life annuity (with no ancillary |
benefits) under a plan to which employees do not |
contribute and under which no rollover contributions |
are made. |
(c) Until January 1, 1994, effecting compulsory |
retirement of any employee who has attained 70 years |
of age, and who is serving under a contract of |
unlimited tenure (or similar arrangement providing for |
unlimited tenure) at an institution of higher |
education as defined by Section 1201(a) of the Higher |
Education Act of 1965. |
(6) Training and Apprenticeship programs. Establishing |
an educational requirement as a prerequisite to selection |
for a training or apprenticeship program, provided such |
requirement does not operate to discriminate on the basis |
of any prohibited classification except age. |
(7) Police and Firefighter/Paramedic Retirement. |
Imposing a mandatory retirement age for |
firefighters/paramedics or law enforcement officers and |
discharging or retiring such individuals pursuant to the |
mandatory retirement age if such action is taken pursuant |
to a bona fide retirement plan provided that the law |
enforcement officer or firefighter/paramedic has attained: |
|
(a) the age of retirement in effect under |
applicable State or local law on March 3, 1983; or |
(b) if the applicable State or local law was |
enacted after the date of enactment of the federal Age |
Discrimination in Employment Act Amendments of 1996 |
(P.L. 104-208), the age of retirement in effect on the |
date of such discharge under such law. |
This paragraph (7) shall not apply with respect to any |
cause of action arising under the Illinois Human Rights |
Act as in effect prior to the effective date of this |
amendatory Act of 1997. |
(8) Police and Firefighter/Paramedic Appointment. |
Failing or refusing to hire any individual because of such |
individual's age if such action is taken with respect to |
the employment of an individual as a firefighter/paramedic |
or as a law enforcement officer and the individual has |
attained: |
(a) the age of hiring or appointment in effect |
under applicable State or local law on March 3, 1983; |
or |
(b) the age of hiring in effect on the date of such |
failure or refusal to hire under applicable State or |
local law enacted after the date of enactment of the |
federal Age Discrimination in Employment Act |
Amendments of 1996 (P.L. 104-208). |
As used in paragraph (7) or (8): |
|
"Firefighter/paramedic" means an employee, the duties |
of whose position are primarily to perform work directly |
connected with the control and extinguishment of fires or |
the maintenance and use of firefighting apparatus and |
equipment, or to provide emergency medical services, |
including an employee engaged in this activity who is |
transferred to a supervisory or administrative position. |
"Law enforcement officer" means an employee, the |
duties of whose position are primarily the investigation, |
apprehension, or detention of individuals suspected or |
convicted of criminal offenses, including an employee |
engaged in this activity who is transferred to a |
supervisory or administrative position. |
(9) Citizenship Status. Making legitimate distinctions |
based on citizenship status if specifically authorized or |
required by State or federal law. |
(B) With respect to any employee who is subject to a |
collective bargaining agreement: |
(a) which is in effect on June 30, 1986, |
(b) which terminates after January 1, 1987, |
(c) any provision of which was entered into by a labor |
organization as defined by Section 6(d)(4) of the Fair |
Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and |
(d) which contains any provision that would be |
superseded by Public Act 85-748, |
Public Act 85-748 shall not apply until the termination of |
|
such collective bargaining agreement or January 1, 1990, |
whichever occurs first. |
(C)(1) For purposes of this Act, the term "disability" |
shall not include any employee or applicant who is currently |
engaging in the illegal use of drugs, when an employer acts on |
the basis of such use. |
(2) Paragraph (1) shall not apply where an employee or |
applicant for employment: |
(a) has successfully completed a supervised drug |
rehabilitation program and is no longer engaging in the |
illegal use of drugs, or has otherwise been rehabilitated |
successfully and is no longer engaging in such use; |
(b) is participating in a supervised rehabilitation |
program and is no longer engaging in such use; or |
(c) is erroneously regarded as engaging in such use, |
but is not engaging in such use. |
It shall not be a violation of this Act for an employer to |
adopt or administer reasonable policies or procedures, |
including but not limited to drug testing, designed to ensure |
that an individual described in subparagraph (a) or (b) is no |
longer engaging in the illegal use of drugs. |
(3) An employer: |
(a) may prohibit the illegal use of drugs and the use |
of alcohol at the workplace by all employees; |
(b) may require that employees shall not be under the |
influence of alcohol or be engaging in the illegal use of |
|
drugs at the workplace; |
(c) may require that employees behave in conformance |
with the requirements established under the federal |
Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) |
and the Drug Free Workplace Act; |
(d) may hold an employee who engages in the illegal |
use of drugs or who is an alcoholic to the same |
qualification standards for employment or job performance |
and behavior that such employer holds other employees, |
even if any unsatisfactory performance or behavior is |
related to the drug use or alcoholism of such employee; |
and |
(e) may, with respect to federal regulations regarding |
alcohol and the illegal use of drugs, require that: |
(i) employees comply with the standards |
established in such regulations of the United States |
Department of Defense, if the employees of the |
employer are employed in an industry subject to such |
regulations, including complying with regulations (if |
any) that apply to employment in sensitive positions |
in such an industry, in the case of employees of the |
employer who are employed in such positions (as |
defined in the regulations of the Department of |
Defense); |
(ii) employees comply with the standards |
established in such regulations of the Nuclear |
|
Regulatory Commission, if the employees of the |
employer are employed in an industry subject to such |
regulations, including complying with regulations (if |
any) that apply to employment in sensitive positions |
in such an industry, in the case of employees of the |
employer who are employed in such positions (as |
defined in the regulations of the Nuclear Regulatory |
Commission); and |
(iii) employees comply with the standards |
established in such regulations of the United States |
Department of Transportation, if the employees of the |
employer are employed in a transportation industry |
subject to such regulations, including complying with |
such regulations (if any) that apply to employment in |
sensitive positions in such an industry, in the case |
of employees of the employer who are employed in such |
positions (as defined in the regulations of the United |
States Department of Transportation). |
(4) For purposes of this Act, a test to determine the |
illegal use of drugs shall not be considered a medical |
examination. Nothing in this Act shall be construed to |
encourage, prohibit, or authorize the conducting of drug |
testing for the illegal use of drugs by job applicants or |
employees or making employment decisions based on such test |
results. |
(5) Nothing in this Act shall be construed to encourage, |
|
prohibit, restrict, or authorize the otherwise lawful exercise |
by an employer subject to the jurisdiction of the United |
States Department of Transportation of authority to: |
(a) test employees of such employer in, and applicants |
for, positions involving safety-sensitive duties for the |
illegal use of drugs and for on-duty impairment by |
alcohol; and |
(b) remove such persons who test positive for illegal |
use of drugs and on-duty impairment by alcohol pursuant to |
subparagraph (a) from safety-sensitive duties in |
implementing paragraph (3). |
(D) Nothing contained in this Act shall require an |
employer to sponsor, either monetarily or otherwise, any |
applicant or employee to obtain or modify work authorization |
status, unless otherwise required by federal law. |
(E) Nothing contained in this Act may be construed to |
obligate an employer, employment agency, or labor organization |
to make accommodations or modifications to reasonable |
workplace rules or policies for an employee based on family |
responsibilities, including accommodations or modifications |
related to leave, scheduling, productivity, attendance, |
absenteeism, timeliness, work performance, referrals from a |
labor union hiring hall, and benefits, as long as its rules or |
policies are applied in accordance with this Act. Further, |
nothing contained in this Act prevents an employer from taking |
adverse action or otherwise enforcing reasonable workplace |
|
rules or policies related to leave, scheduling, productivity, |
attendance, absenteeism, timeliness, work performance, |
referrals from a labor union hiring hall, and benefits against |
an employee with family responsibilities as long as its |
policies are applied in accordance with this Act. |
(Source: P.A. 102-233, eff. 8-2-21.)
|
(775 ILCS 5/6-101) (from Ch. 68, par. 6-101) |
(Text of Section before amendment by P.A. 103-472) |
Sec. 6-101. Additional civil rights violations under |
Articles 2, 4, 5, and 5A. It is a civil rights violation for a |
person, or for 2 or more persons, to conspire to: |
(A) Retaliation. Retaliate against a person because he |
or she has opposed that which he or she reasonably and in |
good faith believes to be unlawful discrimination, sexual |
harassment in employment, sexual harassment in elementary, |
secondary, and higher education, or discrimination based |
on arrest record, citizenship status, or work |
authorization status, or family responsibilities in |
employment under Articles 2, 4, 5, and 5A, because he or |
she has made a charge, filed a complaint, testified, |
assisted, or participated in an investigation, proceeding, |
or hearing under this Act, or because he or she has |
requested, attempted to request, used, or attempted to use |
a reasonable accommodation as allowed by this Act; |
(B) Aiding and Abetting; Coercion. Aid, abet, compel, |
|
or coerce a person to commit any violation of this Act; |
(C) Interference. Wilfully interfere with the |
performance of a duty or the exercise of a power by the |
Commission or one of its members or representatives or the |
Department or one of its officers or employees. |
Definitions. For the purposes of this Section, "sexual |
harassment", "citizenship status", and "work authorization |
status", and "family responsibilities" shall have the same |
meaning as defined in Section 2-101 of this Act. |
(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22; |
102-813, eff. 5-13-22.)
|
