Public Act 099-0165
 
SB1610 EnrolledLRB099 05863 HEP 29382 b


  
    AN ACT concerning human rights.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Human Rights Act is amended  by 
changing Section 2-104 as follows:
 



    (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.


        (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 this
amendatory Act of 1987 (Public Act 
    85-748),

such amendatory Act of 1987 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).

(Source: P.A. 97-877, eff. 8-2-12.)

  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.