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.