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Rep. Robert W. Pritchard
Filed: 4/13/2015
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1 | | AMENDMENT TO HOUSE BILL 3122
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2 | | AMENDMENT NO. ______. Amend House Bill 3122 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 1. Short title. This Act may be cited as the |
5 | | Veterans Preference in Private Employment Act. |
6 | | Section 5. Purpose. The General Assembly intends to |
7 | | establish a permissive preference in private employment for |
8 | | certain veterans. |
9 | | Section 10. Definitions. As used in this Act: |
10 | | "Armed forces of the United States" means the United States |
11 | | Army, Navy, Air Force, Marine Corps, and Coast Guard, or the |
12 | | reserve component of any of those, and includes the Illinois |
13 | | National Guard. |
14 | | "Private employer" means any non-public sole proprietor, |
15 | | corporation, partnership, limited liability company, or other |
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1 | | private, non-public entity employing one or more employees |
2 | | within Illinois. |
3 | | "Veteran" means an individual who meets one or more of the |
4 | | following: |
5 | | (1) has served on active duty with the armed forces of |
6 | | the United States for a period of more than 180 days and |
7 | | was discharged or released from active duty under |
8 | | conditions other than dishonorable; or |
9 | | (2) was discharged or released from active duty with |
10 | | the armed forces of the United States because of a |
11 | | service-connected disability. |
12 | | "Veterans' preference employment policy" means a private |
13 | | employer's voluntary preference for hiring, promoting, or |
14 | | retaining a veteran over another equally qualified applicant or |
15 | | employee. |
16 | | Section 15. Veterans' preference employment policy. A |
17 | | private employer may adopt and apply a voluntary veterans' |
18 | | preference employment policy if: |
19 | | (1) the veterans' preference employment policy is in |
20 | | writing; |
21 | | (2) the veterans' preference employment policy is |
22 | | publicly posted by the private employer at the place of |
23 | | employment or on any website maintained by the private |
24 | | employer; |
25 | | (3) the private employer's job application informs all |
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1 | | applicants of the veterans' preference employment policy |
2 | | and where the policy may be obtained; and |
3 | | (4) the private employer applies the veterans' |
4 | | preference employment policy uniformly for all employment |
5 | | decisions regarding the hiring or promotion of veterans or |
6 | | the retention of veterans during a reduction in force.
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7 | | Section 20. Verification of eligibility. A private |
8 | | employer who maintains a veterans' preference employment |
9 | | policy pursuant to Section 15 of this Act may require and rely |
10 | | on an applicant's or employee's Department of Defense form |
11 | | DD214 or its predecessor or successor forms, an applicant's or |
12 | | employee's NGB-22 discharge form or its predecessor or |
13 | | successor forms (if a member of the National Guard), and a U.S. |
14 | | Department of Veterans Affairs award letter (if the applicant |
15 | | or employee is claiming a service-connected disability) to |
16 | | establish eligibility for such policy. |
17 | | Section 25. The Illinois Human Rights Act is amended by |
18 | | changing Section 2-104 as follows:
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19 | | (775 ILCS 5/2-104) (from Ch. 68, par. 2-104)
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20 | | Sec. 2-104. Exemptions.
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21 | | (A) Nothing contained in this Act shall prohibit an |
22 | | employer, employment
agency or labor organization from:
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23 | | (1) Bona Fide Qualification. Hiring or selecting |
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1 | | between persons
for bona fide occupational qualifications |
2 | | or any reason except those
civil-rights violations |
3 | | specifically identified in this Article.
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4 | | (2) Veterans. Giving preferential treatment to |
5 | | veterans and their
relatives as required by the laws or |
6 | | regulations of the United States or
this State or a unit of |
7 | | local government , or pursuant to a private employer's |
8 | | voluntary veterans' preference employment policy |
9 | | authorized by the Veterans Preference in Private |
10 | | Employment Act .
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11 | | (3) Unfavorable Discharge From Military Service. Using |
12 | | unfavorable
discharge from military service as a valid |
13 | | employment criterion when
authorized by federal law or |
14 | | regulation or when a position of employment
involves the |
15 | | exercise of fiduciary responsibilities as defined by rules
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16 | | and regulations which the Department shall adopt.
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17 | | (4) Ability Tests. Giving or acting upon the results of |
18 | | any
professionally developed ability test provided that |
19 | | such test, its
administration, or action upon the results, |
20 | | is not used as a subterfuge
for or does not have the effect |
21 | | of unlawful discrimination.
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22 | | (5) Merit and Retirement Systems.
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23 | | (a) Applying different standards of compensation, |
24 | | or different
terms, conditions or privileges of |
25 | | employment pursuant to a merit or
retirement system |
26 | | provided that such system or its administration is not
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1 | | used as a subterfuge for or does not have the effect of |
2 | | unlawful
discrimination.
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3 | | (b) Effecting compulsory retirement of any |
4 | | employee who has
attained 65 years of age and who, for |
5 | | the 2-year period immediately
preceding retirement, is |
6 | | employed in a bona fide executive or a high
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7 | | policymaking position, if such employee is entitled to |
8 | | an immediate
nonforfeitable annual retirement benefit |
9 | | from a pension, profit-sharing,
savings, or deferred |
10 | | compensation plan, or any combination of such plans of
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11 | | the employer of such employee, which equals, in the |
12 | | aggregate, at least
$44,000. If any such retirement |
13 | | benefit is in a form other than a straight
life annuity |
14 | | (with no ancillary benefits) or if the employees |
15 | | contribute to
any such plan or make rollover |
16 | | contributions, the retirement benefit shall
be |
17 | | adjusted in accordance with regulations prescribed by |
18 | | the Department, so
that the benefit is the equivalent |
19 | | of a straight life annuity (with no
ancillary benefits) |
20 | | under a plan to which employees do not contribute and
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21 | | under which no rollover contributions are made.
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22 | | (c) Until January 1, 1994, effecting compulsory |
23 | | retirement of any
employee who has attained 70 years of |
24 | | age, and who is serving under a
contract of unlimited |
25 | | tenure (or similar arrangement providing for
unlimited |
26 | | tenure) at an institution of higher education as |
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1 | | defined by
Section 1201(a) of the Higher Education Act |
2 | | of 1965.
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3 | | (6) Training and Apprenticeship programs. Establishing |
4 | | an educational
requirement as a prerequisite to selection |
5 | | for a training or apprenticeship
program, provided such |
6 | | requirement does not operate to discriminate on the
basis |
7 | | of any prohibited classification except age.
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8 | | (7) Police and Firefighter/Paramedic Retirement. |
9 | | Imposing a mandatory
retirement age for |
10 | | firefighters/paramedics or law enforcement officers
and
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11 | | discharging or retiring such individuals pursuant to the |
12 | | mandatory retirement
age if such action is taken pursuant |
13 | | to a bona fide retirement plan provided
that the law |
14 | | enforcement officer or firefighter/paramedic
has attained:
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15 | | (a) the age of retirement in effect under |
16 | | applicable State or local
law
on
March 3, 1983; or
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17 | | (b) if the applicable State or local law was |
18 | | enacted
after the date of enactment of the federal Age |
19 | | Discrimination in Employment
Act
Amendments of 1996 |
20 | | (P.L. 104-208),
the age of retirement in effect on the |
21 | | date of such discharge
under
such law.
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22 | | This paragraph (7) shall not apply with respect to
any |
23 | | cause of action arising under the Illinois Human Rights Act |
24 | | as in
effect prior to the effective date of this amendatory |
25 | | Act of 1997.
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26 | | (8) Police and Firefighter/Paramedic Appointment. |
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1 | | Failing or
refusing to hire any individual because of such
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2 | | individual's age if such action is taken with respect to |
3 | | the employment of
an individual as a firefighter/paramedic |
4 | | or as a law enforcement officer
and the individual has |
5 | | attained:
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6 | | (a) the age of hiring or appointment in effect
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7 | | under applicable State or local law on March 3,
1983; |
8 | | or
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9 | | (b) the age of hiring in effect on the date of such |
10 | | failure or refusal
to
hire under applicable State or |
11 | | local law enacted after the date of
enactment of the |
12 | | federal Age Discrimination in Employment Act |
13 | | Amendments of
1996 (P.L. 104-208).
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14 | | As used in paragraph (7) or (8):
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15 | | "Firefighter/paramedic" means an employee, the duties |
16 | | of whose
position are primarily to perform work directly |
17 | | connected with the control
and extinguishment of fires or |
18 | | the maintenance and use of firefighting
apparatus and |
19 | | equipment, or to provide emergency medical services,
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20 | | including an employee engaged in this activity who is |
21 | | transferred to a
supervisory or administrative position.
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22 | | "Law enforcement officer" means an employee, the |
23 | | duties of whose
position are primarily the investigation, |
24 | | apprehension, or detention of
individuals suspected or |
25 | | convicted of criminal offenses, including an
employee |
26 | | engaged in this activity who is transferred to a |
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1 | | supervisory or
administrative position.
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2 | | (9) Citizenship Status. Making legitimate distinctions |
3 | | based on
citizenship status if specifically authorized or |
4 | | required by State or federal
law.
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5 | | (B) With respect to any employee who is subject to a |
6 | | collective
bargaining agreement:
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7 | | (a) which is in effect on June 30, 1986,
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8 | | (b) which terminates after January 1, 1987,
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9 | | (c) any provision of which was entered into by a labor |
10 | | organization as
defined by Section 6(d)(4) of the Fair |
11 | | Labor Standards Act of 1938 (29
U.S.C. 206(d)(4)), and
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12 | | (d) which contains any provision that would be |
13 | | superseded by this
amendatory Act of 1987 (Public Act |
14 | | 85-748),
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15 | | such amendatory Act of 1987 shall not apply until the |
16 | | termination of such
collective bargaining agreement or January |
17 | | 1, 1990, whichever occurs first.
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18 | | (C)(1) For purposes of this Act, the term "disability" |
19 | | shall not include
any employee or applicant who is currently |
20 | | engaging in the illegal use of
drugs, when an employer acts on |
21 | | the basis of such use.
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22 | | (2) Paragraph (1) shall not apply where an employee or |
23 | | applicant for
employment:
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24 | | (a) has successfully completed a supervised drug |
25 | | rehabilitation program
and is no longer engaging in the |
26 | | illegal use of drugs, or has otherwise been
rehabilitated |
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1 | | successfully and is no longer engaging in such use;
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2 | | (b) is participating in a supervised rehabilitation |
3 | | program and is no
longer engaging in such use; or
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4 | | (c) is erroneously regarded as engaging in such use, |
5 | | but is not engaging
in such use.
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6 | | It shall not be a violation of this Act for an employer to |
7 | | adopt or
administer reasonable policies or procedures, |
8 | | including but not limited to drug
testing, designed to ensure |
9 | | that an individual described in subparagraph (a) or
(b) is no |
10 | | longer engaging in the illegal use of drugs.
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11 | | (3) An employer:
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12 | | (a) may prohibit the illegal use of drugs and the use |
13 | | of alcohol at the
workplace by all employees;
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14 | | (b) may require that employees shall not be under the |
15 | | influence of alcohol
or be engaging in the illegal use of |
16 | | drugs at the workplace;
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17 | | (c) may require that employees behave in conformance |
18 | | with the requirements
established under the federal |
19 | | Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et
seq.) and |
20 | | the Drug Free Workplace Act;
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21 | | (d) may hold an employee who engages in the illegal use |
22 | | of drugs or who is
an alcoholic to the same qualification |
23 | | standards for employment or job
performance and behavior |
24 | | that such employer holds other employees, even if any
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25 | | unsatisfactory performance or behavior is related to the |
26 | | drug use or alcoholism
of such employee; and
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1 | | (e) may, with respect to federal regulations regarding |
2 | | alcohol and the
illegal use of drugs, require that:
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3 | | (i) employees comply with the standards |
4 | | established in such regulations
of the United States |
5 | | Department of Defense, if the employees of the employer
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6 | | are employed in an industry subject to such |
7 | | regulations, including complying
with regulations (if |
8 | | any) that apply to employment in sensitive positions in
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9 | | such an industry, in the case of employees of the |
10 | | employer who are employed in
such positions (as defined |
11 | | in the regulations of the Department of Defense);
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12 | | (ii) employees comply with the standards |
13 | | established in such regulations
of the Nuclear |
14 | | Regulatory Commission, if the employees of the |
15 | | employer are
employed in an industry subject to such |
16 | | regulations, including complying with
regulations (if |
17 | | any) that apply to employment in sensitive positions in |
18 | | such an
industry, in the case of employees of the |
19 | | employer who are employed in such
positions (as defined |
20 | | in the regulations of the Nuclear Regulatory |
21 | | Commission);
and
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22 | | (iii) employees comply with the standards |
23 | | established in such
regulations of the United States |
24 | | Department of Transportation, if the employees
of the |
25 | | employer are employed in a transportation industry |
26 | | subject to such
regulations, including complying with |
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1 | | such regulations (if any) that apply to
employment in |
2 | | sensitive positions in such an industry, in the case of |
3 | | employees
of the employer who are employed in such |
4 | | positions (as defined in the
regulations of the United |
5 | | States Department of Transportation).
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6 | | (4) For purposes of this Act, a test to determine the |
7 | | illegal use of drugs
shall not be considered a medical |
8 | | examination. Nothing in this Act shall be
construed to |
9 | | encourage, prohibit, or authorize the conducting of drug |
10 | | testing
for the illegal use of drugs by job applicants or |
11 | | employees or making
employment decisions based on such test |
12 | | results.
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13 | | (5) Nothing in this Act shall be construed to encourage, |
14 | | prohibit, restrict,
or authorize the otherwise lawful exercise |
15 | | by an employer subject to the
jurisdiction of the United States |
16 | | Department of Transportation of authority to:
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17 | | (a) test employees of such employer in, and applicants |
18 | | for, positions
involving safety-sensitive duties for the |
19 | | illegal use of drugs and for
on-duty impairment by alcohol; |
20 | | and
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21 | | (b) remove such persons who test positive for illegal |
22 | | use of drugs and
on-duty impairment by alcohol pursuant to |
23 | | subparagraph (a) from
safety-sensitive duties in |
24 | | implementing paragraph (3).
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25 | | (Source: P.A. 97-877, eff. 8-2-12.)".
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