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90_HB3637
110 ILCS 70/36j from Ch. 24 1/2, par. 38b9
110 ILCS 70/36o from Ch. 24 1/2, par. 38b14
110 ILCS 70/36p from Ch. 24 1/2, par. 38b15
110 ILCS 205/9.16a
110 ILCS 805/3-26 from Ch. 122, par. 103-26
110 ILCS 805/3-42 from Ch. 122, par. 103-42
Amends the State Universities Civil Service Act, the
Board of Higher Education Act, and the Public Community
College Act. Provides that under the University System
promotions, demotions, removals, and discharges shall not be
based on race, color, religion, sex, national origin,
ancestry, age, marital status, physical or mental handicap,
military status, unfavorable discharge from military service,
or sexual orientation, except as otherwise provided by law.
Adds those factors not already included in the provision
prohibiting discrimination against applicants for employment
under the University System and the provisions prohibiting
the board of trustees of a community college from
discriminating in appointments and employment. Prohibits
public institutions of higher education from discriminating
against applicants for admission and students because of
these factors.
LRB9010338NTsb
LRB9010338NTsb
1 AN ACT concerning higher education, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Universities Civil Service Act is
5 amended by changing Sections 36j, 36o, and 36p as follows:
6 (110 ILCS 70/36j) (from Ch. 24 1/2, par. 38b9)
7 Sec. 36j. Promotions. The Merit Board shall by rules
8 provide for promotions on the basis of ability and experience
9 and seniority in service and examination and to provide in
10 all cases where it is practicable that vacancies will be
11 filled by promotion. Promotions shall not be based on race,
12 color, religion, sex, national origin, ancestry, age, marital
13 status, physical or mental handicap, military status,
14 unfavorable discharge from military service, or sexual
15 orientation, except as otherwise provided by law. The Merit
16 Board shall by rule fix lines of promotion from such several
17 offices and places to superior offices or places in all cases
18 where, in the judgment of the Merit Board, the duties of such
19 several positions directly tend to fit the incumbent for a
20 superior position.
21 Employees promoted in the promotional line shall have
22 their seniority for the highest position held on the basis of
23 length of service in that classification. For the next lower
24 classification the employee may add his seniority in the
25 higher classification to that in the lower to determine
26 seniority in the lower classification.
27 Whenever a superior position in the promotional line in
28 the classified civil service under the University System is
29 to be filled, the Director shall certify to the employer, in
30 the order of their seniority, the names and addresses of the
31 three persons standing highest upon the promotional register
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1 for the class or grade to which said position belongs. The
2 employer shall appoint one of the three persons whose names
3 were certified by the Director. Sex shall be disregarded
4 except when the nature of the position requires otherwise.
5 Appointments to superior positions in the promotional line
6 shall be on probation for a period of no less than 6 months
7 and no longer than 12 months for each class of positions in
8 the classification plan, the length of the probationary
9 period having been determined by the Director. Persons so
10 appointed may be demoted at any time during the period of
11 probation, if, in the opinion of the employer, they have
12 failed to demonstrate the ability and the qualifications
13 necessary to furnish satisfactory service, but shall not be
14 discharged from the superior position if they have previously
15 completed a probationary period in an inferior position in
16 the promotional line.
17 Whenever a person is promoted to a superior position in
18 the promotional line prior to the completion of the
19 probationary period in any one of the positions in the
20 classified civil service under the University System, total
21 service in the inferior position and in all such superior
22 positions shall be combined to establish certified status and
23 seniority in the inferior position.
24 (Source: P.A. 82-524.)
25 (110 ILCS 70/36o) (from Ch. 24 1/2, par. 38b14)
26 Sec. 36o. Demotion and discharge. After the completion of
27 his probationary period, no employee shall be demoted,
28 removed or discharged except for just cause, upon written
29 charges, and after an opportunity to be heard in his own
30 defense if he makes a written request for a hearing to the
31 Merit Board within 15 days after the serving of the written
32 charges upon him. Demotions, removals, and discharges shall
33 not be based on race, color, religion, sex, national origin,
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1 ancestry, age, marital status, physical or mental handicap,
2 military status, unfavorable discharge from military service,
3 or sexual orientation, except as otherwise provided by law.
4 Upon the filing of the such a request for a hearing, the
5 Merit Board shall grant such hearing to be held within 45
6 days from the date of the service of the demotion, removal or
7 discharge notice by a hearing board appointed by the Merit
8 Board. The members of the hearing board shall be selected
9 from among the members of a panel established by the Merit
10 Board after consultation with the Advisory Committee provided
11 in Section 36c. The hearing board shall make and render
12 findings of facts on the charges and transmit to the Merit
13 Board a transcript of the evidence along with its findings of
14 fact. The findings of the hearing board when approved by the
15 Merit Board shall be certified to the employer. If cause for
16 demotion, removal or discharge is found, the employee shall
17 be immediately separated from the service. If cause is not
18 found, the employee shall forthwith be reassigned to perform
19 the duties of a position in his classification without loss
20 of compensation. In the course of the hearing, the Director
21 of the Merit Board shall have power to administer oaths and
22 to secure by subpoena the attendance and testimony of
23 witnesses and the production of books and papers relevant to
24 the inquiry.
25 The provisions of the Administrative Review Law and all
26 amendments and modification thereof, and the rules adopted
27 pursuant thereto, shall apply to and govern all proceedings
28 for the judicial review of final administrative decisions of
29 the Merit Board hereby created. The term "administrative
30 decision" is defined as in Section 3-101 of the Code of Civil
31 Procedure.
32 (Source: P.A. 82-783.)
33 (110 ILCS 70/36p) (from Ch. 24 1/2, par. 38b15)
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1 Sec. 36p. Nondiscrimination.
2 In the administration of the University System, no
3 applicant shall be denied employment by the Merit Board or by
4 any employer because of race, color, sex, national origin,
5 religious or political affiliations, ancestry, age, marital
6 status, physical or mental handicap, military status,
7 unfavorable discharge from military service, or sexual
8 orientation, except as otherwise provided by law. However,
9 except that any applicant for employment may be required as a
10 condition of employment, to sign a valid oath attesting his
11 or her loyalty to the State and the United States.
12 (Source: P.A. 78-842.)
13 Section 10. The Board of Higher Education Act is amended
14 by adding Section 9.16a as follows:
15 (110 ILCS 205/9.16a)
16 Sec. 9.16a. Prohibit discrimination. To prohibit public
17 institutions of higher education from discriminating against
18 an applicant for admission or a student because of race,
19 color, religion, sex, national origin, ancestry, age, marital
20 status, physical or mental handicap, military status,
21 unfavorable discharge from military service, or sexual
22 orientation, except as otherwise provided by law. This
23 prohibition extends to student housing.
24 Section 15. The Public Community College Act is amended
25 by changing Sections 3-26 and 3-42 as follows:
26 (110 ILCS 805/3-26) (from Ch. 122, par. 103-26)
27 Sec. 3-26. (a) To make appointments and fix the salaries
28 of a chief administrative officer, who shall be the executive
29 officer of the board, other administrative personnel and all
30 teachers. In making these appointments and fixing the
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1 salaries, the board may make no discrimination on account of
2 sex, race, creed, color, or national origin, religion,
3 ancestry, age, marital status, physical or mental handicap,
4 military status, unfavorable discharge from military service,
5 or sexual orientation, except as otherwise provided by law.
6 (b) Upon the written request of an employee, to withhold
7 from the compensation of that employee the membership dues of
8 such employee payable to any specified labor organization as
9 defined in the Illinois Educational Labor Relations Act.
10 Under such arrangement, an amount shall be withheld for each
11 regular payroll period which is equal to the prorata share
12 of the annual membership dues plus any payments or
13 contributions and the board shall pay such withholding to the
14 specified labor organization within 10 working days from the
15 time of the withholding.
16 (Source: P.A. 83-1014.)
17 (110 ILCS 805/3-42) (from Ch. 122, par. 103-42)
18 Sec. 3-42. To employ such personnel as may be needed, to
19 establish policies governing their employment and dismissal,
20 and to fix the amount of their compensation. In the
21 employment, establishment of policies and fixing of
22 compensation the board may make no discrimination on account
23 of sex, race, creed, color, or national origin, religion,
24 ancestry, age, marital status, physical or mental handicap,
25 military status, unfavorable discharge from military service,
26 or sexual orientation, except as otherwise provided by law.
27 Residence within any community college district or
28 outside any community college district shall not be
29 considered:
30 (a) in determining whether to retain or not retain any
31 employee of a community college employed prior to July 1,
32 1977 or prior to the adoption by the community college board
33 of a resolution making residency within the community college
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1 district of some or all employees a condition of employment,
2 whichever is later;
3 (b) in assigning, promoting or transferring any employee
4 of a community college to an office or position employed
5 prior to July 1, 1977 or prior to the adoption by the
6 community college board of a resolution making residency
7 within the community college district of some or all
8 employees a condition of employment, whichever is later; or
9 (c) in determining the salary or other compensation of
10 any employee of a community college.
11 (Source: P.A. 80-248.)