Full Text of SB1610 99th General Assembly
SB1610enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Section 2-104 as follows:
| 6 | | (775 ILCS 5/2-104) (from Ch. 68, par. 2-104)
| 7 | | Sec. 2-104. Exemptions.
| 8 | | (A) Nothing contained in this Act shall prohibit an | 9 | | employer, employment
agency or labor organization from:
| 10 | | (1) Bona Fide Qualification. Hiring or selecting | 11 | | between persons
for bona fide occupational qualifications | 12 | | or any reason except those
civil-rights violations | 13 | | specifically identified in this Article.
| 14 | | (2) Veterans. Giving preferential treatment to | 15 | | veterans and their
relatives as required by the laws or | 16 | | regulations of the United States or
this State or a unit of | 17 | | local government.
| 18 | | (3) Unfavorable Discharge From Military Service. | 19 | | (a) Using unfavorable
discharge from military | 20 | | service as a valid employment criterion when
| 21 | | authorized by federal law or regulation or when a | 22 | | position of employment
involves the exercise of | 23 | | fiduciary responsibilities as defined by rules
and |
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| 1 | | regulations which the Department shall adopt ; or . | 2 | | (b) Participating in a bona fide recruiting | 3 | | incentive program, sponsored by a branch of the United | 4 | | States Armed Forces, a reserve component of the United | 5 | | States Armed Forces, or any National Guard or Naval | 6 | | Militia, where participation in the program is limited | 7 | | by the sponsoring branch based upon the service | 8 | | member's discharge status.
| 9 | | (4) Ability Tests. Giving or acting upon the results of | 10 | | any
professionally developed ability test provided that | 11 | | such test, its
administration, or action upon the results, | 12 | | is not used as a subterfuge
for or does not have the effect | 13 | | of unlawful discrimination.
| 14 | | (5) Merit and Retirement Systems.
| 15 | | (a) Applying different standards of compensation, | 16 | | or different
terms, conditions or privileges of | 17 | | employment pursuant to a merit or
retirement system | 18 | | provided that such system or its administration is not
| 19 | | used as a subterfuge for or does not have the effect of | 20 | | unlawful
discrimination.
| 21 | | (b) Effecting compulsory retirement of any | 22 | | employee who has
attained 65 years of age and who, for | 23 | | the 2-year period immediately
preceding retirement, is | 24 | | employed in a bona fide executive or a high
| 25 | | policymaking position, if such employee is entitled to | 26 | | an immediate
nonforfeitable annual retirement benefit |
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| 1 | | from a pension, profit-sharing,
savings, or deferred | 2 | | compensation plan, or any combination of such plans of
| 3 | | the employer of such employee, which equals, in the | 4 | | aggregate, at least
$44,000. If any such retirement | 5 | | benefit is in a form other than a straight
life annuity | 6 | | (with no ancillary benefits) or if the employees | 7 | | contribute to
any such plan or make rollover | 8 | | contributions, the retirement benefit shall
be | 9 | | adjusted in accordance with regulations prescribed by | 10 | | the Department, so
that the benefit is the equivalent | 11 | | of a straight life annuity (with no
ancillary benefits) | 12 | | under a plan to which employees do not contribute and
| 13 | | under which no rollover contributions are made.
| 14 | | (c) Until January 1, 1994, effecting compulsory | 15 | | retirement of any
employee who has attained 70 years of | 16 | | age, and who is serving under a
contract of unlimited | 17 | | tenure (or similar arrangement providing for
unlimited | 18 | | tenure) at an institution of higher education as | 19 | | defined by
Section 1201(a) of the Higher Education Act | 20 | | of 1965.
| 21 | | (6) Training and Apprenticeship programs. Establishing | 22 | | an educational
requirement as a prerequisite to selection | 23 | | for a training or apprenticeship
program, provided such | 24 | | requirement does not operate to discriminate on the
basis | 25 | | of any prohibited classification except age.
| 26 | | (7) Police and Firefighter/Paramedic Retirement. |
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| 1 | | Imposing a mandatory
retirement age for | 2 | | firefighters/paramedics or law enforcement officers
and
| 3 | | discharging or retiring such individuals pursuant to the | 4 | | mandatory retirement
age if such action is taken pursuant | 5 | | to a bona fide retirement plan provided
that the law | 6 | | enforcement officer or firefighter/paramedic
has attained:
| 7 | | (a) the age of retirement in effect under | 8 | | applicable State or local
law
on
March 3, 1983; or
| 9 | | (b) if the applicable State or local law was | 10 | | enacted
after the date of enactment of the federal Age | 11 | | Discrimination in Employment
Act
Amendments of 1996 | 12 | | (P.L. 104-208),
the age of retirement in effect on the | 13 | | date of such discharge
under
such law.
| 14 | | This paragraph (7) shall not apply with respect to
any | 15 | | cause of action arising under the Illinois Human Rights Act | 16 | | as in
effect prior to the effective date of this amendatory | 17 | | Act of 1997.
| 18 | | (8) Police and Firefighter/Paramedic Appointment. | 19 | | Failing or
refusing to hire any individual because of such
| 20 | | individual's age if such action is taken with respect to | 21 | | the employment of
an individual as a firefighter/paramedic | 22 | | or as a law enforcement officer
and the individual has | 23 | | attained:
| 24 | | (a) the age of hiring or appointment in effect
| 25 | | under applicable State or local law on March 3,
1983; | 26 | | or
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| 1 | | (b) the age of hiring in effect on the date of such | 2 | | failure or refusal
to
hire under applicable State or | 3 | | local law enacted after the date of
enactment of the | 4 | | federal Age Discrimination in Employment Act | 5 | | Amendments of
1996 (P.L. 104-208).
| 6 | | As used in paragraph (7) or (8):
| 7 | | "Firefighter/paramedic" means an employee, the duties | 8 | | of whose
position are primarily to perform work directly | 9 | | connected with the control
and extinguishment of fires or | 10 | | the maintenance and use of firefighting
apparatus and | 11 | | equipment, or to provide emergency medical services,
| 12 | | including an employee engaged in this activity who is | 13 | | transferred to a
supervisory or administrative position.
| 14 | | "Law enforcement officer" means an employee, the | 15 | | duties of whose
position are primarily the investigation, | 16 | | apprehension, or detention of
individuals suspected or | 17 | | convicted of criminal offenses, including an
employee | 18 | | engaged in this activity who is transferred to a | 19 | | supervisory or
administrative position.
| 20 | | (9) Citizenship Status. Making legitimate distinctions | 21 | | based on
citizenship status if specifically authorized or | 22 | | required by State or federal
law.
| 23 | | (B) With respect to any employee who is subject to a | 24 | | collective
bargaining agreement:
| 25 | | (a) which is in effect on June 30, 1986,
| 26 | | (b) which terminates after January 1, 1987,
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| 1 | | (c) any provision of which was entered into by a labor | 2 | | organization as
defined by Section 6(d)(4) of the Fair | 3 | | Labor Standards Act of 1938 (29
U.S.C. 206(d)(4)), and
| 4 | | (d) which contains any provision that would be | 5 | | superseded by this
amendatory Act of 1987 (Public Act | 6 | | 85-748),
| 7 | | such amendatory Act of 1987 shall not apply until the | 8 | | termination of such
collective bargaining agreement or January | 9 | | 1, 1990, whichever occurs first.
| 10 | | (C)(1) For purposes of this Act, the term "disability" | 11 | | shall not include
any employee or applicant who is currently | 12 | | engaging in the illegal use of
drugs, when an employer acts on | 13 | | the basis of such use.
| 14 | | (2) Paragraph (1) shall not apply where an employee or | 15 | | applicant for
employment:
| 16 | | (a) has successfully completed a supervised drug | 17 | | rehabilitation program
and is no longer engaging in the | 18 | | illegal use of drugs, or has otherwise been
rehabilitated | 19 | | successfully and is no longer engaging in such use;
| 20 | | (b) is participating in a supervised rehabilitation | 21 | | program and is no
longer engaging in such use; or
| 22 | | (c) is erroneously regarded as engaging in such use, | 23 | | but is not engaging
in such use.
| 24 | | It shall not be a violation of this Act for an employer to | 25 | | adopt or
administer reasonable policies or procedures, | 26 | | including but not limited to drug
testing, designed to ensure |
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| 1 | | that an individual described in subparagraph (a) or
(b) is no | 2 | | longer engaging in the illegal use of drugs.
| 3 | | (3) An employer:
| 4 | | (a) may prohibit the illegal use of drugs and the use | 5 | | of alcohol at the
workplace by all employees;
| 6 | | (b) may require that employees shall not be under the | 7 | | influence of alcohol
or be engaging in the illegal use of | 8 | | drugs at the workplace;
| 9 | | (c) may require that employees behave in conformance | 10 | | with the requirements
established under the federal | 11 | | Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et
seq.) and | 12 | | the Drug Free Workplace Act;
| 13 | | (d) may hold an employee who engages in the illegal use | 14 | | of drugs or who is
an alcoholic to the same qualification | 15 | | standards for employment or job
performance and behavior | 16 | | that such employer holds other employees, even if any
| 17 | | unsatisfactory performance or behavior is related to the | 18 | | drug use or alcoholism
of such employee; and
| 19 | | (e) may, with respect to federal regulations regarding | 20 | | alcohol and the
illegal use of drugs, require that:
| 21 | | (i) employees comply with the standards | 22 | | established in such regulations
of the United States | 23 | | Department of Defense, if the employees of the employer
| 24 | | are employed in an industry subject to such | 25 | | regulations, including complying
with regulations (if | 26 | | any) that apply to employment in sensitive positions in
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| 1 | | such an industry, in the case of employees of the | 2 | | employer who are employed in
such positions (as defined | 3 | | in the regulations of the Department of Defense);
| 4 | | (ii) employees comply with the standards | 5 | | established in such regulations
of the Nuclear | 6 | | Regulatory Commission, if the employees of the | 7 | | employer are
employed in an industry subject to such | 8 | | regulations, including complying with
regulations (if | 9 | | any) that apply to employment in sensitive positions in | 10 | | such an
industry, in the case of employees of the | 11 | | employer who are employed in such
positions (as defined | 12 | | in the regulations of the Nuclear Regulatory | 13 | | Commission);
and
| 14 | | (iii) employees comply with the standards | 15 | | established in such
regulations of the United States | 16 | | Department of Transportation, if the employees
of the | 17 | | employer are employed in a transportation industry | 18 | | subject to such
regulations, including complying with | 19 | | such regulations (if any) that apply to
employment in | 20 | | sensitive positions in such an industry, in the case of | 21 | | employees
of the employer who are employed in such | 22 | | positions (as defined in the
regulations of the United | 23 | | States Department of Transportation).
| 24 | | (4) For purposes of this Act, a test to determine the | 25 | | illegal use of drugs
shall not be considered a medical | 26 | | examination. Nothing in this Act shall be
construed to |
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| 1 | | encourage, prohibit, or authorize the conducting of drug | 2 | | testing
for the illegal use of drugs by job applicants or | 3 | | employees or making
employment decisions based on such test | 4 | | results.
| 5 | | (5) Nothing in this Act shall be construed to encourage, | 6 | | prohibit, restrict,
or authorize the otherwise lawful exercise | 7 | | by an employer subject to the
jurisdiction of the United States | 8 | | Department of Transportation of authority to:
| 9 | | (a) test employees of such employer in, and applicants | 10 | | for, positions
involving safety-sensitive duties for the | 11 | | illegal use of drugs and for
on-duty impairment by alcohol; | 12 | | and
| 13 | | (b) remove such persons who test positive for illegal | 14 | | use of drugs and
on-duty impairment by alcohol pursuant to | 15 | | subparagraph (a) from
safety-sensitive duties in | 16 | | implementing paragraph (3).
| 17 | | (Source: P.A. 97-877, eff. 8-2-12.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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