Full Text of HB1000 94th General Assembly
HB1000ham004 94TH GENERAL ASSEMBLY
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Rep. John A. Fritchey
Filed: 4/8/2005
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| AMENDMENT TO HOUSE BILL 1000
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| AMENDMENT NO. ______. Amend House Bill 1000, on page 1, | 3 |
| line 5, after "1-103", by inserting "2-101, 2-104, 3-102.1, | 4 |
| 3-103, 3-104.1,"; and
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| on page 1, line 5, after "5-102", by inserting "and adding | 6 |
| Section 5-102a"; and | 7 |
| on page 9, immediately below line 11, by inserting the | 8 |
| following:
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| "(775 ILCS 5/2-101) (from Ch. 68, par. 2-101)
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| Sec. 2-101. Definitions. The following definitions are | 11 |
| applicable
strictly in the context of this Article.
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| (A) Employee.
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| (1) "Employee" includes:
| 14 |
| (a) Any individual performing services for | 15 |
| remuneration within this
State for an employer;
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| (b) An apprentice;
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| (c) An applicant for any apprenticeship.
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| (2) "Employee" does not include:
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| (a) Domestic servants in private homes;
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| (b) Individuals employed by persons who are not | 21 |
| "employers" as
defined by this Act;
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| (c) Elected public officials or the members of | 23 |
| their immediate
personal staffs;
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| (d) Principal administrative officers of the State | 2 |
| or of any
political subdivision, municipal corporation | 3 |
| or other governmental unit
or agency;
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| (e) A person in a vocational rehabilitation | 5 |
| facility certified under
federal law who has been | 6 |
| designated an evaluee, trainee, or work
activity | 7 |
| client.
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| (B) Employer.
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| (1) "Employer" includes:
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| (a) Any person employing 15 or more employees | 11 |
| within Illinois during
20 or more calendar weeks within | 12 |
| the calendar year of or preceding the alleged
| 13 |
| violation;
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| (b) Any person employing one or more employees when | 15 |
| a complainant
alleges civil rights violation due to | 16 |
| unlawful discrimination based
upon his or her physical | 17 |
| or mental disability
handicap unrelated to ability or
| 18 |
| sexual harassment;
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| (c) The State and any political subdivision, | 20 |
| municipal corporation
or other governmental unit or | 21 |
| agency, without regard to the number of
employees;
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| (d) Any party to a public contract without regard | 23 |
| to the number of
employees;
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| (e) A joint apprenticeship or training committee | 25 |
| without regard to the
number of employees.
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| (2) "Employer" does not include any religious | 27 |
| corporation,
association, educational institution, | 28 |
| society, or non-profit nursing
institution conducted by | 29 |
| and for those who rely upon treatment by prayer
through | 30 |
| spiritual means in accordance with the tenets of a | 31 |
| recognized
church or religious denomination with respect | 32 |
| to the employment of
individuals of a particular religion | 33 |
| to perform work connected with the
carrying on by such | 34 |
| corporation, association, educational institution,
society |
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| or non-profit nursing institution of its activities.
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| (C) Employment Agency. "Employment Agency" includes both | 3 |
| public and
private employment agencies and any person, labor | 4 |
| organization, or labor
union having a hiring hall or hiring | 5 |
| office regularly undertaking, with
or without compensation, to | 6 |
| procure opportunities to work, or to
procure, recruit, refer or | 7 |
| place employees.
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| (D) Labor Organization. "Labor Organization" includes any
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| organization, labor union, craft union, or any voluntary | 10 |
| unincorporated
association designed to further the cause of the | 11 |
| rights of union labor
which is constituted for the purpose, in | 12 |
| whole or in part, of collective
bargaining or of dealing with | 13 |
| employers concerning grievances, terms or
conditions of | 14 |
| employment, or apprenticeships or applications for
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| apprenticeships, or of other mutual aid or protection in | 16 |
| connection with
employment, including apprenticeships or | 17 |
| applications for apprenticeships.
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| (E) Sexual Harassment. "Sexual harassment" means any | 19 |
| unwelcome sexual
advances or requests for sexual favors or any | 20 |
| conduct of a sexual nature
when (1) submission to such conduct | 21 |
| is made either explicitly or implicitly
a term or condition of | 22 |
| an individual's employment, (2) submission to or
rejection of | 23 |
| such conduct by an individual is used as the basis for
| 24 |
| employment decisions affecting such individual, or (3) such | 25 |
| conduct has the
purpose or effect of substantially interfering | 26 |
| with an individual's work
performance or creating an | 27 |
| intimidating, hostile or offensive working
environment.
| 28 |
| (F) Religion. "Religion" with respect to employers | 29 |
| includes all
aspects of religious observance and practice, as | 30 |
| well as belief, unless an
employer demonstrates that he is | 31 |
| unable to reasonably accommodate an
employee's or prospective | 32 |
| employee's religious observance or practice
without undue | 33 |
| hardship on the conduct of the employer's business.
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| (G) Public Employer. "Public employer" means the State, an |
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| agency or
department thereof, unit of local government, school | 2 |
| district,
instrumentality or political subdivision.
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| (H) Public Employee. "Public employee" means an employee of | 4 |
| the State,
agency or department thereof, unit of local | 5 |
| government, school district,
instrumentality or political | 6 |
| subdivision. "Public employee" does not include
public | 7 |
| officers or employees of the General Assembly or agencies | 8 |
| thereof.
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| (I) Public Officer. "Public officer" means a person who is | 10 |
| elected to
office pursuant to the Constitution or a statute or | 11 |
| ordinance, or who is
appointed to an office which is | 12 |
| established, and the qualifications and
duties of which are | 13 |
| prescribed, by the Constitution or a statute or
ordinance, to | 14 |
| discharge a public duty for the State, agency or department
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| thereof, unit of local government, school district, | 16 |
| instrumentality or
political subdivision.
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| (J) Eligible Bidder. "Eligible bidder" means a person who, | 18 |
| prior to a
bid opening, has filed with the Department a | 19 |
| properly completed, sworn and
currently valid employer report | 20 |
| form, pursuant to the Department's regulations.
The provisions | 21 |
| of this Article relating to eligible bidders apply only
to bids | 22 |
| on contracts with the State and its departments, agencies, | 23 |
| boards,
and commissions, and the provisions do not apply to | 24 |
| bids on contracts with
units of local government or school | 25 |
| districts.
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| (K) Citizenship Status. "Citizenship status" means the | 27 |
| status of being:
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| (1) a born U.S. citizen;
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| (2) a naturalized U.S. citizen;
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| (3) a U.S. national; or
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| (4) a person born outside the United States and not a | 32 |
| U.S. citizen who
is not an unauthorized alien and who is | 33 |
| protected from discrimination under
the provisions of | 34 |
| Section 1324b of Title 8 of the United States Code, as
now |
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| or hereafter amended.
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| (Source: P.A. 86-1343; 87-579; 87-666; 87-895.)
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| (775 ILCS 5/2-104) (from Ch. 68, par. 2-104)
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| Sec. 2-104. Exemptions.
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| (A) Nothing contained in this Act shall prohibit an | 6 |
| employer, employment
agency or labor organization from:
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| (1) Bona Fide Qualification. Hiring or selecting | 8 |
| between persons
for bona fide occupational qualifications | 9 |
| or any reason except those
civil-rights violations | 10 |
| specifically identified in this Article.
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| (2) Veterans. Giving preferential treatment to | 12 |
| veterans and their
relatives as required by the laws or | 13 |
| regulations of the United States or
this State or a unit of | 14 |
| local government.
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| (3) Unfavorable Discharge From Military Service. Using | 16 |
| unfavorable
discharge from military service as a valid | 17 |
| employment criterion when
authorized by federal law or | 18 |
| regulation or when a position of employment
involves the | 19 |
| exercise of fiduciary responsibilities as defined by rules
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| and regulations which the Department shall adopt.
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| (4) Ability Tests. Giving or acting upon the results of | 22 |
| any
professionally developed ability test provided that | 23 |
| such test, its
administration, or action upon the results, | 24 |
| is not used as a subterfuge
for or does not have the effect | 25 |
| of unlawful discrimination.
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| (5) Merit and Retirement Systems.
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| (a) Applying different standards of compensation, | 28 |
| or different
terms, conditions or privileges of | 29 |
| employment pursuant to a merit or
retirement system | 30 |
| provided that such system or its administration is not
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| used as a subterfuge for or does not have the effect of | 32 |
| unlawful
discrimination.
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| (b) Effecting compulsory retirement of any |
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| employee who has
attained 65 years of age and who, for | 2 |
| the 2-year period immediately
preceding retirement, is | 3 |
| employed in a bona fide executive or a high
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| policymaking position, if such employee is entitled to | 5 |
| an immediate
nonforfeitable annual retirement benefit | 6 |
| from a pension, profit-sharing,
savings, or deferred | 7 |
| compensation plan, or any combination of such plans of
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| the employer of such employee, which equals, in the | 9 |
| aggregate, at least
$44,000. If any such retirement | 10 |
| benefit is in a form other than a straight
life annuity | 11 |
| (with no ancillary benefits) or if the employees | 12 |
| contribute to
any such plan or make rollover | 13 |
| contributions, the retirement benefit shall
be | 14 |
| adjusted in accordance with regulations prescribed by | 15 |
| the Department, so
that the benefit is the equivalent | 16 |
| of a straight life annuity (with no
ancillary benefits) | 17 |
| under a plan to which employees do not contribute and
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| under which no rollover contributions are made.
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| (c) Until January 1, 1994, effecting compulsory | 20 |
| retirement of any
employee who has attained 70 years of | 21 |
| age, and who is serving under a
contract of unlimited | 22 |
| tenure (or similar arrangement providing for
unlimited | 23 |
| tenure) at an institution of higher education as | 24 |
| defined by
Section 1201(a) of the Higher Education Act | 25 |
| of 1965.
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| (6) Training and Apprenticeship programs. Establishing | 27 |
| an educational
requirement as a prerequisite to selection | 28 |
| for a training or apprenticeship
program, provided such | 29 |
| requirement does not operate to discriminate on the
basis | 30 |
| of any prohibited classification except age.
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| (7) Police and Firefighter/Paramedic Retirement. | 32 |
| Imposing a mandatory
retirement age for | 33 |
| firefighters/paramedics or law enforcement officers
and
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| discharging or retiring such individuals pursuant to the |
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| mandatory retirement
age if such action is taken pursuant | 2 |
| to a bona fide retirement plan provided
that the law | 3 |
| enforcement officer or firefighter/paramedic
has attained:
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| (a) the age of retirement in effect under | 5 |
| applicable State or local
law
on
March 3, 1983; or
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| (b) if the applicable State or local law was | 7 |
| enacted
after the date of enactment of the federal Age | 8 |
| Discrimination in Employment
Act
Amendments of 1996 | 9 |
| (P.L. 104-208),
the age of retirement in effect on the | 10 |
| date of such discharge
under
such law.
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| This paragraph (7) shall not apply with respect to
any | 12 |
| cause of action arising under the Illinois Human Rights Act | 13 |
| as in
effect prior to the effective date of this amendatory | 14 |
| Act of 1997.
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| (8) Police and Firefighter/Paramedic Appointment. | 16 |
| Failing or
refusing to hire any individual because of such
| 17 |
| individual's age if such action is taken with respect to | 18 |
| the employment of
an individual as a firefighter/paramedic | 19 |
| or as a law enforcement officer
and the individual has | 20 |
| attained:
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| (a) the age of hiring or appointment in effect
| 22 |
| under applicable State or local law on March 3,
1983; | 23 |
| or
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| (b) the age of hiring in effect on the date of such | 25 |
| failure or refusal
to
hire under applicable State or | 26 |
| local law enacted after the date of
enactment of the | 27 |
| federal Age Discrimination in Employment Act | 28 |
| Amendments of
1996 (P.L. 104-208).
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| As used in paragraph (7) or (8):
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| "Firefighter/paramedic" means an employee, the duties | 31 |
| of whose
position are primarily to perform work directly | 32 |
| connected with the control
and extinguishment of fires or | 33 |
| the maintenance and use of firefighting
apparatus and | 34 |
| equipment, or to provide emergency medical services,
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| including an employee engaged in this activity who is | 2 |
| transferred to a
supervisory or administrative position.
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| "Law enforcement officer" means an employee, the | 4 |
| duties of whose
position are primarily the investigation, | 5 |
| apprehension, or detention of
individuals suspected or | 6 |
| convicted of criminal offenses, including an
employee | 7 |
| engaged in this activity who is transferred to a | 8 |
| supervisory or
administrative position.
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| (9) Citizenship Status. Making legitimate distinctions | 10 |
| based on
citizenship status if specifically authorized or | 11 |
| required by State or federal
law.
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| (B) With respect to any employee who is subject to a | 13 |
| collective
bargaining agreement:
| 14 |
| (a) which is in effect on June 30, 1986,
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| (b) which terminates after January 1, 1987,
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| (c) any provision of which was entered into by a labor | 17 |
| organization as
defined by Section 6(d)(4) of the Fair | 18 |
| Labor Standards Act of 1938 (29
U.S.C. 206(d)(4)), and
| 19 |
| (d) which contains any provision that would be | 20 |
| superseded by this
amendatory Act of 1987 (Public Act | 21 |
| 85-748),
| 22 |
| such amendatory Act of 1987 shall not apply until the | 23 |
| termination of such
collective bargaining agreement or January | 24 |
| 1, 1990, whichever occurs first.
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| (C)(1) For purposes of this Act, the term "disability"
| 26 |
| "handicap" shall not include
any employee or applicant who is | 27 |
| currently engaging in the illegal use of
drugs, when an | 28 |
| employer acts on the basis of such use.
| 29 |
| (2) Paragraph (1) shall not apply where an employee or | 30 |
| applicant for
employment:
| 31 |
| (a) has successfully completed a supervised drug | 32 |
| rehabilitation program
and is no longer engaging in the | 33 |
| illegal use of drugs, or has otherwise been
rehabilitated | 34 |
| successfully and is no longer engaging in such use;
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| (b) is participating in a supervised rehabilitation | 2 |
| program and is no
longer engaging in such use; or
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| (c) is erroneously regarded as engaging in such use, | 4 |
| but is not engaging
in such use.
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| It shall not be a violation of this Act for an employer to | 6 |
| adopt or
administer reasonable policies or procedures, | 7 |
| including but not limited to drug
testing, designed to ensure | 8 |
| that an individual described in subparagraph (a) or
(b) is no | 9 |
| longer engaging in the illegal use of drugs.
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| (3) An employer:
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| (a) may prohibit the illegal use of drugs and the use | 12 |
| of alcohol at the
workplace by all employees;
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| (b) may require that employees shall not be under the | 14 |
| influence of alcohol
or be engaging in the illegal use of | 15 |
| drugs at the workplace;
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| (c) may require that employees behave in conformance | 17 |
| with the requirements
established under the federal | 18 |
| Drug-Free Workplace Act of 1988 (11 U.S.C. 701 et
seq.) and | 19 |
| the Drug Free Workplace Act;
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| (d) may hold an employee who engages in the illegal use | 21 |
| of drugs or who is
an alcoholic to the same qualification | 22 |
| standards for employment or job
performance and behavior | 23 |
| that such employer holds other employees, even if any
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| unsatisfactory performance or behavior is related to the | 25 |
| drug use or alcoholism
of such employee; and
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| (e) may, with respect to federal regulations regarding | 27 |
| alcohol and the
illegal use of drugs, require that:
| 28 |
| (i) employees comply with the standards | 29 |
| established in such regulations
of the United States | 30 |
| Department of Defense, if the employees of the employer
| 31 |
| are employed in an industry subject to such | 32 |
| regulations, including complying
with regulations (if | 33 |
| any) that apply to employment in sensitive positions in
| 34 |
| such an industry, in the case of employees of the |
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| employer who are employed in
such positions (as defined | 2 |
| in the regulations of the Department of Defense);
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| (ii) employees comply with the standards | 4 |
| established in such regulations
of the Nuclear | 5 |
| Regulatory Commission, if the employees of the | 6 |
| employer 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 | 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 Nuclear Regulatory | 12 |
| Commission);
and
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| (iii) employees comply with the standards | 14 |
| established in such
regulations of the United States | 15 |
| Department of Transportation, if the employees
of the | 16 |
| employer are employed in a transportation industry | 17 |
| subject to such
regulations, including complying with | 18 |
| such regulations (if any) that apply to
employment in | 19 |
| sensitive positions in such an industry, in the case of | 20 |
| employees
of the employer who are employed in such | 21 |
| positions (as defined in the
regulations of the United | 22 |
| States Department of Transportation).
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| (4) For purposes of this Act, a test to determine the | 24 |
| illegal use of drugs
shall not be considered a medical | 25 |
| examination. Nothing in this Act shall be
construed to | 26 |
| encourage, prohibit, or authorize the conducting of drug | 27 |
| testing
for the illegal use of drugs by job applicants or | 28 |
| employees or making
employment decisions based on such test | 29 |
| results.
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| (5) Nothing in this Act shall be construed to encourage, | 31 |
| prohibit, restrict,
or authorize the otherwise lawful exercise | 32 |
| by an employer subject to the
jurisdiction of the United States | 33 |
| Department of Transportation of authority to:
| 34 |
| (a) test employees of such employer in, and applicants |
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| for, positions
involving safety-sensitive duties for the | 2 |
| illegal use of drugs and for
on-duty impairment by alcohol; | 3 |
| and
| 4 |
| (b) remove such persons who test positive for illegal | 5 |
| use of drugs and
on-duty impairment by alcohol pursuant to | 6 |
| subparagraph (a) from
safety-sensitive duties in | 7 |
| implementing paragraph (3).
| 8 |
| (Source: P.A. 90-481, eff. 8-17-97.)
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| (775 ILCS 5/3-102.1) (from Ch. 68, par. 3-102.1)
| 10 |
| Sec. 3-102.1. Disability
Handicap . (A) It is a civil rights | 11 |
| violation to refuse
to sell or rent or to otherwise
make | 12 |
| unavailable or deny a dwelling to any buyer or renter because | 13 |
| of a
disability
handicap of that buyer or renter, a disability
| 14 |
| handicap of a person residing or intending
to reside in that | 15 |
| dwelling after it is sold, rented or made available or
a | 16 |
| disability
handicap of any person associated with the buyer or | 17 |
| renter.
| 18 |
| (B) It is a civil rights violation to alter the terms, | 19 |
| conditions or privileges
of sale or rental of a dwelling or the | 20 |
| provision of services or facilities
in connection with such | 21 |
| dwelling because of a person's disability
handicap
or a | 22 |
| disability
handicap of any person residing or intending to | 23 |
| reside in that dwelling
after it is sold, rented or made | 24 |
| available, or a disability
handicap of any person associated
| 25 |
| with that person.
| 26 |
| (C) It is a civil rights violation:
| 27 |
| (1) to refuse to permit, at the expense of the disabled
| 28 |
| handicapped person,
reasonable modifications of existing | 29 |
| premises occupied or to be occupied by
such person if such | 30 |
| modifications may be necessary to afford such person
full | 31 |
| enjoyment of the premises; except that, in the case of a | 32 |
| rental, the
landlord may, where it is reasonable to do so, | 33 |
| condition permission for a
modification on the renter agreeing |
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| to restore the interior of the premises
to the condition that | 2 |
| existed before modifications, reasonable wear
and tear
| 3 |
| excepted. The landlord may not increase for disabled
| 4 |
| handicapped persons any
customarily required security deposit. | 5 |
| However, where it is necessary in
order to ensure with | 6 |
| reasonable certainty that funds will be available to
pay for | 7 |
| the restorations at the end of the tenancy, the landlord may
| 8 |
| negotiate as part of such a restoration agreement a provision | 9 |
| requiring
that the tenant pay into an interest bearing escrow | 10 |
| account, over a reasonable
period, a reasonable amount of money | 11 |
| not to exceed the cost of the
restorations. The interest in any | 12 |
| such account shall accrue to the benefit
of the tenant. A | 13 |
| landlord may condition permission for a modification on
the | 14 |
| renter providing a reasonable description of the proposed | 15 |
| modifications
as well as reasonable assurances that the work | 16 |
| will be done in
a workmanlike manner and that any required | 17 |
| building permits will be obtained;
| 18 |
| (2) to refuse to make reasonable accommodations in rules, | 19 |
| policies,
practices, or services, when such accommodations may | 20 |
| be necessary to afford
such person equal opportunity to use and | 21 |
| enjoy a dwelling; or
| 22 |
| (3) in connection with the design and construction of | 23 |
| covered
multifamily dwellings for first occupancy after March | 24 |
| 13, 1991,
to fail to design and construct those dwellings in
| 25 |
| such a manner that:
| 26 |
| (a) the public use and common use portions of such | 27 |
| dwellings are readily
accessible to and usable by disabled
| 28 |
| handicapped persons;
| 29 |
| (b) all the doors designed to allow passage into and within | 30 |
| all premises
within such dwellings are sufficiently wide to | 31 |
| allow passage by disabled
handicapped
persons in wheelchairs; | 32 |
| and
| 33 |
| (c) all premises within such dwellings contain the | 34 |
| following features of
adaptive design:
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| (i) an accessible route into and through the dwelling;
| 2 |
| (ii) light switches, electrical outlets, thermostats, and | 3 |
| other
environmental controls in accessible locations;
| 4 |
| (iii) reinforcements in bathroom walls to allow later | 5 |
| installation of grab bars; and
| 6 |
| (iv) usable kitchens and bathrooms such that an individual | 7 |
| in a
wheelchair can maneuver about the space.
| 8 |
| (D) Compliance with the appropriate standards of the | 9 |
| Illinois Accessibility
Code for adaptable dwelling units (71 | 10 |
| Illinois Administrative Code Section 400.350 (e)
1-6) suffices | 11 |
| to satisfy the requirements of subsection (C)(3)(c).
| 12 |
| (E) If a unit of local government has incorporated into its | 13 |
| law the
requirements set forth in subsection (C) (3), | 14 |
| compliance
with its law shall be deemed to satisfy the | 15 |
| requirements of that subsection.
| 16 |
| (F) A unit of local government may review and approve newly | 17 |
| constructed
covered multifamily dwellings for the purpose of | 18 |
| making determinations as
to whether the design and construction | 19 |
| requirements
of subsection (C)(3) are met.
| 20 |
| (G) The Department shall encourage, but may not require, | 21 |
| units of local
government to include in their existing | 22 |
| procedures for the review and
approval of newly constructed | 23 |
| covered multifamily dwellings, determinations
as to whether | 24 |
| the design and construction of such dwellings are consistent
| 25 |
| with subsection (C)(3), and shall provide technical
assistance | 26 |
| to units of local government and other persons to implement the
| 27 |
| requirements of subsection (C)(3).
| 28 |
| (H) Nothing in this Act shall be construed to require the | 29 |
| Department
to review or approve the plans, designs or | 30 |
| construction of all covered
multifamily dwellings to determine | 31 |
| whether the design and construction of
such dwellings are | 32 |
| consistent with the requirements of
subsection (C)(3).
| 33 |
| (I) Nothing in subsections (E), (F), (G) or (H) shall be | 34 |
| construed to
affect the authority
and responsibility of the |
|
|
|
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|
| 1 |
| Department to receive and
process complaints or otherwise | 2 |
| engage in enforcement activities under
State and local law.
| 3 |
| (J) Determinations by a unit of local government under | 4 |
| subsections (E)
and (F) shall not be conclusive in enforcement | 5 |
| proceedings under this Act
if those determinations are not in | 6 |
| accord with the terms of this Act.
| 7 |
| (K) Nothing in this Section requires that a dwelling be | 8 |
| made available to
an individual whose tenancy would constitute | 9 |
| a direct threat to the health
or safety of others or would | 10 |
| result in substantial physical damage to the
property of | 11 |
| others.
| 12 |
| (Source: P.A. 86-910.)
| 13 |
| (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
| 14 |
| (Text of Section before amendment by P.A. 93-1078 )
| 15 |
| Sec. 3-103. Blockbusting.) It is a civil rights violation | 16 |
| for any
person to:
| 17 |
| (A) Solicitation. Solicit for sale, lease, listing or | 18 |
| purchase any
residential real estate within this State, on the | 19 |
| grounds of loss of
value due to the present or prospective | 20 |
| entry into the vicinity of the
property involved of any person | 21 |
| or persons of any particular race,
color, religion, national | 22 |
| origin, ancestry, age, sex, marital status,
familial status or
| 23 |
| handicap.
| 24 |
| (B) Statements. Distribute or cause to be distributed, | 25 |
| written
material or statements designed to induce any owner of | 26 |
| residential real
estate in this State to sell or lease his or | 27 |
| her property because of any
present or prospective changes in | 28 |
| the race, color, religion, national
origin, ancestry, age, sex, | 29 |
| marital status, familial status or handicap
of residents in
the | 30 |
| vicinity of the property involved.
| 31 |
| (C) Creating Alarm. Intentionally create alarm, among | 32 |
| residents of
any community, by transmitting communications in | 33 |
| any manner, including
a telephone call
whether or not |
|
|
|
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| 1 |
| conversation thereby ensues, with a design to induce any
owner | 2 |
| of residential real estate in this state to sell or lease his | 3 |
| or
her property because of any present or prospective entry | 4 |
| into the
vicinity of the property involved of any person or | 5 |
| persons of any
particular race, color, religion, national | 6 |
| origin, ancestry, age, sex, marital
status, familial status or | 7 |
| handicap.
| 8 |
| (Source: P.A. 86-910.)
| 9 |
| (Text of Section after amendment by P.A. 93-1078 ) | 10 |
| Sec. 3-103. Blockbusting. It is a civil rights violation | 11 |
| for any
person to:
| 12 |
| (A) Solicitation. Solicit for sale, lease, listing or | 13 |
| purchase any
residential real estate within this State, on the | 14 |
| grounds of loss of
value due to the present or prospective | 15 |
| entry into the vicinity of the
property involved of any person | 16 |
| or persons of any particular race,
color, religion, national | 17 |
| origin, ancestry, age, sex, sexual orientation,
marital | 18 |
| status,
familial status or
disability
handicap .
| 19 |
| (B) Statements. Distribute or cause to be distributed, | 20 |
| written
material or statements designed to induce any owner of | 21 |
| residential real
estate in this State to sell or lease his or | 22 |
| her property because of any
present or prospective changes in | 23 |
| the race, color, religion, national
origin, ancestry, age, sex, | 24 |
| sexual orientation, marital status, familial
status or | 25 |
| disability
handicap
of residents in
the vicinity of the | 26 |
| property involved.
| 27 |
| (C) Creating Alarm. Intentionally create alarm, among | 28 |
| residents of
any community, by transmitting communications in | 29 |
| any manner, including
a telephone call
whether or not | 30 |
| conversation thereby ensues, with a design to induce any
owner | 31 |
| of residential real estate in this state to sell or lease his | 32 |
| or
her property because of any present or prospective entry | 33 |
| into the
vicinity of the property involved of any person or |
|
|
|
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|
| 1 |
| persons of any
particular race, color, religion, national | 2 |
| origin, ancestry, age, sex, sexual
orientation, marital
| 3 |
| status, familial status or disability
handicap .
| 4 |
| (Source: P.A. 93-1078, eff. 1-1-06.)
| 5 |
| (775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
| 6 |
| Sec. 3-104.1. Refusal to sell or rent because a person has | 7 |
| a guide,
hearing or support dog. It is a civil rights violation | 8 |
| for the
owner or agent of any housing accommodation to:
| 9 |
| (A) refuse to sell or rent after the making of a bonafide | 10 |
| offer, or to
refuse to negotiate for the sale or rental of, or | 11 |
| otherwise make unavailable
or deny property to any blind, | 12 |
| hearing impaired or physically
disabled
handicapped person | 13 |
| because he has a guide, hearing or support dog; or
| 14 |
| (B) discriminate against any blind, hearing impaired or | 15 |
| physically
disabled
handicapped person in the terms, | 16 |
| conditions, or privileges of sale or
rental property, or in the | 17 |
| provision of services or facilities in connection
therewith, | 18 |
| because he has a guide, hearing or support dog; or
| 19 |
| (C) require, because a blind, hearing impaired or | 20 |
| physically
disabled
handicapped person has a guide, hearing or | 21 |
| support dog,
an extra charge in a lease, rental agreement, or | 22 |
| contract of purchase or
sale, other than for actual damage done | 23 |
| to the premises by the dog.
| 24 |
| (Source: P.A. 83-93.)"; and
| 25 |
| on page 11, immediately below line 29, by inserting the | 26 |
| following: | 27 |
| "(775 ILCS 5/5-102a new) | 28 |
| Sec. 5-102a. No Civil Rights Violation: Public | 29 |
| Accommodations. It is not a civil rights violation for a | 30 |
| medical, dental, or other health care professional to refer or | 31 |
| refuse to treat or provide services to an individual protected |
|
|
|
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|
| 1 |
| under this Act for any non-discriminatory reason if, in the | 2 |
| normal course of his or her operations, the medical, dental, or | 3 |
| other health care professional would for the same reason refer | 4 |
| or refuse to treat or provide services to an individual who is | 5 |
| not protected under this Act and seeks or requires the same or | 6 |
| similar treatment or services. A non-discriminatory reason for | 7 |
| a medical, dental, or other health care professional to make a | 8 |
| referral includes, but is not limited to, a referral of an | 9 |
| individual protected under this Act to another medical, dental, | 10 |
| or other health care professional if that individual seeks or | 11 |
| requires medical, dental, or other health care treatment or | 12 |
| services outside of the referring medical, dental, or other | 13 |
| health care professional's area of specialization or practice, | 14 |
| and if, in the normal course of his or her operations, the | 15 |
| referring medical, dental, or other health care professional | 16 |
| would make a similar referral for an individual who is not | 17 |
| protected under this Act and seeks or requires the same or | 18 |
| similar treatment or services. ".
|
|