Public Act 103-0797
 
HB2161 EnrolledLRB103 04925 LNS 49935 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 Sections 2-101, 2-102, 2-104, and 6-101 as follows:
 
    (775 ILCS 5/2-101)
    Sec. 2-101. Definitions. The following definitions are
applicable strictly in the context of this Article.
    (A) Employee.
        (1) "Employee" includes:
            (a) Any individual performing services for
        remuneration within this State for an employer;
            (b) An apprentice;
            (c) An applicant for any apprenticeship.
        For purposes of subsection (D) of Section 2-102 of
    this Act, "employee" also includes an unpaid intern. An
    unpaid intern is a person who performs work for an
    employer under the following circumstances:
            (i) the employer is not committed to hiring the
        person performing the work at the conclusion of the
        intern's tenure;
            (ii) the employer and the person performing the
        work agree that the person is not entitled to wages for
        the work performed; and
            (iii) the work performed:
                (I) supplements training given in an
            educational environment that may enhance the
            employability of the intern;
                (II) provides experience for the benefit of
            the person performing the work;
                (III) does not displace regular employees;
                (IV) is performed under the close supervision
            of existing staff; and
                (V) provides no immediate advantage to the
            employer providing the training and may
            occasionally impede the operations of the
            employer.
        (2) "Employee" does not include:
            (a) (Blank);
            (b) Individuals employed by persons who are not
        "employers" as defined by this Act;
            (c) Elected public officials or the members of
        their immediate personal staffs;
            (d) Principal administrative officers of the State
        or of any political subdivision, municipal corporation
        or other governmental unit or agency;
            (e) A person in a vocational rehabilitation
        facility certified under federal law who has been
        designated an evaluee, trainee, or work activity
        client.
    (B) Employer.
        (1) "Employer" includes:
            (a) Any person employing one or more employees
        within Illinois during 20 or more calendar weeks
        within the calendar year of or preceding the alleged
        violation;
            (b) Any person employing one or more employees
        when a complainant alleges civil rights violation due
        to unlawful discrimination based upon his or her
        physical or mental disability unrelated to ability,
        pregnancy, or sexual harassment;
            (c) The State and any political subdivision,
        municipal corporation or other governmental unit or
        agency, without regard to the number of employees;
            (d) Any party to a public contract without regard
        to the number of employees;
            (e) A joint apprenticeship or training committee
        without regard to the number of employees.
        (2) "Employer" does not include any place of worship,
    religious corporation, association, educational
    institution, society, or non-profit nursing institution
    conducted by and for those who rely upon treatment by
    prayer through spiritual means in accordance with the
    tenets of a recognized church or religious denomination
    with respect to the employment of individuals of a
    particular religion to perform work connected with the
    carrying on by such place of worship, corporation,
    association, educational institution, society or
    non-profit nursing institution of its activities.
    (C) Employment Agency. "Employment Agency" includes both
public and private employment agencies and any person, labor
organization, or labor union having a hiring hall or hiring
office regularly undertaking, with or without compensation, to
procure opportunities to work, or to procure, recruit, refer
or place employees.
    (D) Labor Organization. "Labor Organization" includes any
organization, labor union, craft union, or any voluntary
unincorporated association designed to further the cause of
the rights of union labor which is constituted for the
purpose, in whole or in part, of collective bargaining or of
dealing with employers concerning grievances, terms or
conditions of employment, or apprenticeships or applications
for apprenticeships, or of other mutual aid or protection in
connection with employment, including apprenticeships or
applications for apprenticeships.
    (E) Sexual Harassment. "Sexual harassment" means any
unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct
is made either explicitly or implicitly a term or condition of
an individual's employment, (2) submission to or rejection of
such conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3) such
conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an
intimidating, hostile or offensive working environment.
    For purposes of this definition, the phrase "working
environment" is not limited to a physical location an employee
is assigned to perform his or her duties.
    (E-1) Harassment. "Harassment" means any unwelcome conduct
on the basis of an individual's actual or perceived race,
color, religion, national origin, ancestry, age, sex, marital
status, order of protection status, disability, military
status, sexual orientation, pregnancy, unfavorable discharge
from military service, citizenship status, or work
authorization status, or family responsibilities that has the
purpose or effect of substantially interfering with the
individual's work performance or creating an intimidating,
hostile, or offensive working environment. For purposes of
this definition, the phrase "working environment" is not
limited to a physical location an employee is assigned to
perform his or her duties.
    (F) Religion. "Religion" with respect to employers
includes all aspects of religious observance and practice, as
well as belief, unless an employer demonstrates that he is
unable to reasonably accommodate an employee's or prospective
employee's religious observance or practice without undue
hardship on the conduct of the employer's business.
    (G) Public Employer. "Public employer" means the State, an
agency or department thereof, unit of local government, school
district, instrumentality or political subdivision.
    (H) Public Employee. "Public employee" means an employee
of the State, agency or department thereof, unit of local
government, school district, instrumentality or political
subdivision. "Public employee" does not include public
officers or employees of the General Assembly or agencies
thereof.
    (I) Public Officer. "Public officer" means a person who is
elected to office pursuant to the Constitution or a statute or
ordinance, or who is appointed to an office which is
established, and the qualifications and duties of which are
prescribed, by the Constitution or a statute or ordinance, to
discharge a public duty for the State, agency or department
thereof, unit of local government, school district,
instrumentality or political subdivision.
    (J) Eligible Bidder. "Eligible bidder" means a person who,
prior to contract award or prior to bid opening for State
contracts for construction or construction-related services,
has filed with the Department a properly completed, sworn and
currently valid employer report form, pursuant to the
Department's regulations. The provisions of this Article
relating to eligible bidders apply only to bids on contracts
with the State and its departments, agencies, boards, and
commissions, and the provisions do not apply to bids on
contracts with units of local government or school districts.
    (K) Citizenship Status. "Citizenship status" means the
status of being:
        (1) a born U.S. citizen;
        (2) a naturalized U.S. citizen;
        (3) a U.S. national; or
        (4) a person born outside the United States and not a
    U.S. citizen who is lawfully present and who is protected
    from discrimination under the provisions of Section 1324b
    of Title 8 of the United States Code, as now or hereafter
    amended.
    (L) Work Authorization Status. "Work authorization status"
means the status of being a person born outside of the United
States, and not a U.S. citizen, who is authorized by the
federal government to work in the United States.
    (M) Family Responsibilities. "Family responsibilities"
means an employee's actual or perceived provision of personal
care to a family member. As used in this definition:
        (1)"Personal care" has the meaning given to that term
    in the Employee Sick Leave Act.
        (2) "Family member" has the meaning given to the term
    "covered family member" in the Employee Sick Leave Act.
(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff.
5-27-22.)
 
    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
    Sec. 2-102. Civil rights violations - employment. It is a
civil rights violation:
        (A) Employers. For any employer to refuse to hire, to
    segregate, to engage in harassment as defined in
    subsection (E-1) of Section 2-101, or to act with respect
    to recruitment, hiring, promotion, renewal of employment,
    selection for training or apprenticeship, discharge,
    discipline, tenure or terms, privileges or conditions of
    employment on the basis of unlawful discrimination,
    citizenship status, or work authorization status, or
    family responsibilities. An employer is responsible for
    harassment by the employer's nonmanagerial and
    nonsupervisory employees only if the employer becomes
    aware of the conduct and fails to take reasonable
    corrective measures.
        (A-5) Language. For an employer to impose a
    restriction that has the effect of prohibiting a language
    from being spoken by an employee in communications that
    are unrelated to the employee's duties.
        For the purposes of this subdivision (A-5), "language"
    means a person's native tongue, such as Polish, Spanish,
    or Chinese. "Language" does not include such things as
    slang, jargon, profanity, or vulgarity.
        (A-10) Harassment of nonemployees. For any employer,
    employment agency, or labor organization to engage in
    harassment of nonemployees in the workplace. An employer
    is responsible for harassment of nonemployees by the
    employer's nonmanagerial and nonsupervisory employees only
    if the employer becomes aware of the conduct and fails to
    take reasonable corrective measures. For the purposes of
    this subdivision (A-10), "nonemployee" means a person who
    is not otherwise an employee of the employer and is
    directly performing services for the employer pursuant to
    a contract with that employer. "Nonemployee" includes
    contractors and consultants. This subdivision applies to
    harassment occurring on or after the effective date of
    this amendatory Act of the 101st General Assembly.
        (B) Employment agency. For any employment agency to
    fail or refuse to classify properly, accept applications
    and register for employment referral or apprenticeship
    referral, refer for employment, or refer for
    apprenticeship on the basis of unlawful discrimination,
    citizenship status, or work authorization status, or
    family responsibilities or to accept from any person any
    job order, requisition or request for referral of
    applicants for employment or apprenticeship which makes or
    has the effect of making unlawful discrimination or
    discrimination on the basis of citizenship status or work
    authorization status, or family responsibilities a
    condition of referral.
        (C) Labor organization. For any labor organization to
    limit, segregate or classify its membership, or to limit
    employment opportunities, selection and training for
    apprenticeship in any trade or craft, or otherwise to
    take, or fail to take, any action which affects adversely
    any person's status as an employee or as an applicant for
    employment or as an apprentice, or as an applicant for
    apprenticeships, or wages, tenure, hours of employment or
    apprenticeship conditions on the basis of unlawful
    discrimination, citizenship status, or work authorization
    status, or family responsibilities.
        (D) Sexual harassment. For any employer, employee,
    agent of any employer, employment agency or labor
    organization to engage in sexual harassment; provided,
    that an employer shall be responsible for sexual
    harassment of the employer's employees by nonemployees or
    nonmanagerial and nonsupervisory employees only if the
    employer becomes aware of the conduct and fails to take
    reasonable corrective measures.
        (D-5) Sexual harassment of nonemployees. For any
    employer, employee, agent of any employer, employment
    agency, or labor organization to engage in sexual
    harassment of nonemployees in the workplace. An employer
    is responsible for sexual harassment of nonemployees by
    the employer's nonmanagerial and nonsupervisory employees
    only if the employer becomes aware of the conduct and
    fails to take reasonable corrective measures. For the
    purposes of this subdivision (D-5), "nonemployee" means a
    person who is not otherwise an employee of the employer
    and is directly performing services for the employer
    pursuant to a contract with that employer. "Nonemployee"
    includes contractors and consultants. This subdivision
    applies to sexual harassment occurring on or after the
    effective date of this amendatory Act of the 101st General
    Assembly.
        (E) Public employers. For any public employer to
    refuse to permit a public employee under its jurisdiction
    who takes time off from work in order to practice his or
    her religious beliefs to engage in work, during hours
    other than such employee's regular working hours,
    consistent with the operational needs of the employer and
    in order to compensate for work time lost for such
    religious reasons. Any employee who elects such deferred
    work shall be compensated at the wage rate which he or she
    would have earned during the originally scheduled work
    period. The employer may require that an employee who
    plans to take time off from work in order to practice his
    or her religious beliefs provide the employer with a
    notice of his or her intention to be absent from work not
    exceeding 5 days prior to the date of absence.
        (E-5) Religious discrimination. For any employer to
    impose upon a person as a condition of obtaining or
    retaining employment, including opportunities for
    promotion, advancement, or transfer, any terms or
    conditions that would require such person to violate or
    forgo a sincerely held practice of his or her religion
    including, but not limited to, the wearing of any attire,
    clothing, or facial hair in accordance with the
    requirements of his or her religion, unless, after
    engaging in a bona fide effort, the employer demonstrates
    that it is unable to reasonably accommodate the employee's
    or prospective employee's sincerely held religious belief,
    practice, or observance without undue hardship on the
    conduct of the employer's business.
        Nothing in this Section prohibits an employer from
    enacting a dress code or grooming policy that may include
    restrictions on attire, clothing, or facial hair to
    maintain workplace safety or food sanitation.
        (F) Training and apprenticeship programs. For any
    employer, employment agency or labor organization to
    discriminate against a person on the basis of age in the
    selection, referral for or conduct of apprenticeship or
    training programs.
        (G) Immigration-related practices.
            (1) for an employer to request for purposes of
        satisfying the requirements of Section 1324a(b) of
        Title 8 of the United States Code, as now or hereafter
        amended, more or different documents than are required
        under such Section or to refuse to honor documents
        tendered that on their face reasonably appear to be
        genuine or to refuse to honor work authorization based
        upon the specific status or term of status that
        accompanies the authorization to work; or
            (2) for an employer participating in the E-Verify
        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
        Programs for Employment Eligibility Confirmation
        (enacted by PL 104-208, div. C title IV, subtitle A) to
        refuse to hire, to segregate, or to act with respect to
        recruitment, hiring, promotion, renewal of employment,
        selection for training or apprenticeship, discharge,
        discipline, tenure or terms, privileges or conditions
        of employment without following the procedures under
        the E-Verify Program.
        (H) (Blank).
        (I) Pregnancy. For an employer to refuse to hire, to
    segregate, or to act with respect to recruitment, hiring,
    promotion, renewal of employment, selection for training
    or apprenticeship, discharge, discipline, tenure or terms,
    privileges or conditions of employment on the basis of
    pregnancy, childbirth, or medical or common conditions
    related to pregnancy or childbirth. Women affected by
    pregnancy, childbirth, or medical or common conditions
    related to pregnancy or childbirth shall be treated the
    same for all employment-related purposes, including
    receipt of benefits under fringe benefit programs, as
    other persons not so affected but similar in their ability
    or inability to work, regardless of the source of the
    inability to work or employment classification or status.
        (J) Pregnancy; reasonable accommodations.
            (1) If after a job applicant or employee,
        including a part-time, full-time, or probationary
        employee, requests a reasonable accommodation, for an
        employer to not make reasonable accommodations for any
        medical or common condition of a job applicant or
        employee related to pregnancy or childbirth, unless
        the employer can demonstrate that the accommodation
        would impose an undue hardship on the ordinary
        operation of the business of the employer. The
        employer may request documentation from the employee's
        health care provider concerning the need for the
        requested reasonable accommodation or accommodations
        to the same extent documentation is requested for
        conditions related to disability if the employer's
        request for documentation is job-related and
        consistent with business necessity. The employer may
        require only the medical justification for the
        requested accommodation or accommodations, a
        description of the reasonable accommodation or
        accommodations medically advisable, the date the
        reasonable accommodation or accommodations became
        medically advisable, and the probable duration of the
        reasonable accommodation or accommodations. It is the
        duty of the individual seeking a reasonable
        accommodation or accommodations to submit to the
        employer any documentation that is requested in
        accordance with this paragraph. Notwithstanding the
        provisions of this paragraph, the employer may require
        documentation by the employee's health care provider
        to determine compliance with other laws. The employee
        and employer shall engage in a timely, good faith, and
        meaningful exchange to determine effective reasonable
        accommodations.
            (2) For an employer to deny employment
        opportunities or benefits to or take adverse action
        against an otherwise qualified job applicant or
        employee, including a part-time, full-time, or
        probationary employee, if the denial or adverse action
        is based on the need of the employer to make reasonable
        accommodations to the known medical or common
        conditions related to the pregnancy or childbirth of
        the applicant or employee.
            (3) For an employer to require a job applicant or
        employee, including a part-time, full-time, or
        probationary employee, affected by pregnancy,
        childbirth, or medical or common conditions related to
        pregnancy or childbirth to accept an accommodation
        when the applicant or employee did not request an
        accommodation and the applicant or employee chooses
        not to accept the employer's accommodation.
            (4) For an employer to require an employee,
        including a part-time, full-time, or probationary
        employee, to take leave under any leave law or policy
        of the employer if another reasonable accommodation
        can be provided to the known medical or common
        conditions related to the pregnancy or childbirth of
        an employee. No employer shall fail or refuse to
        reinstate the employee affected by pregnancy,
        childbirth, or medical or common conditions related to
        pregnancy or childbirth to her original job or to an
        equivalent position with equivalent pay and
        accumulated seniority, retirement, fringe benefits,
        and other applicable service credits upon her
        signifying her intent to return or when her need for
        reasonable accommodation ceases, unless the employer
        can demonstrate that the accommodation would impose an
        undue hardship on the ordinary operation of the
        business of the employer.
        For the purposes of this subdivision (J), "reasonable
    accommodations" means reasonable modifications or
    adjustments to the job application process or work
    environment, or to the manner or circumstances under which
    the position desired or held is customarily performed,
    that enable an applicant or employee affected by
    pregnancy, childbirth, or medical or common conditions
    related to pregnancy or childbirth to be considered for
    the position the applicant desires or to perform the
    essential functions of that position, and may include, but
    is not limited to: more frequent or longer bathroom
    breaks, breaks for increased water intake, and breaks for
    periodic rest; private non-bathroom space for expressing
    breast milk and breastfeeding; seating; assistance with
    manual labor; light duty; temporary transfer to a less
    strenuous or hazardous position; the provision of an
    accessible worksite; acquisition or modification of
    equipment; job restructuring; a part-time or modified work
    schedule; appropriate adjustment or modifications of
    examinations, training materials, or policies;
    reassignment to a vacant position; time off to recover
    from conditions related to childbirth; and leave
    necessitated by pregnancy, childbirth, or medical or
    common conditions resulting from pregnancy or childbirth.
        For the purposes of this subdivision (J), "undue
    hardship" means an action that is prohibitively expensive
    or disruptive when considered in light of the following
    factors: (i) the nature and cost of the accommodation
    needed; (ii) the overall financial resources of the
    facility or facilities involved in the provision of the
    reasonable accommodation, the number of persons employed
    at the facility, the effect on expenses and resources, or
    the impact otherwise of the accommodation upon the
    operation of the facility; (iii) the overall financial
    resources of the employer, the overall size of the
    business of the employer with respect to the number of its
    employees, and the number, type, and location of its
    facilities; and (iv) the type of operation or operations
    of the employer, including the composition, structure, and
    functions of the workforce of the employer, the geographic
    separateness, administrative, or fiscal relationship of
    the facility or facilities in question to the employer.
    The employer has the burden of proving undue hardship. The
    fact that the employer provides or would be required to
    provide a similar accommodation to similarly situated
    employees creates a rebuttable presumption that the
    accommodation does not impose an undue hardship on the
    employer.
        No employer is required by this subdivision (J) to
    create additional employment that the employer would not
    otherwise have created, unless the employer does so or
    would do so for other classes of employees who need
    accommodation. The employer is not required to discharge
    any employee, transfer any employee with more seniority,
    or promote any employee who is not qualified to perform
    the job, unless the employer does so or would do so to
    accommodate other classes of employees who need it.
        (K) Notice.
            (1) For an employer to fail to post or keep posted
        in a conspicuous location on the premises of the
        employer where notices to employees are customarily
        posted, or fail to include in any employee handbook
        information concerning an employee's rights under this
        Article, a notice, to be prepared or approved by the
        Department, summarizing the requirements of this
        Article and information pertaining to the filing of a
        charge, including the right to be free from unlawful
        discrimination, the right to be free from sexual
        harassment, and the right to certain reasonable
        accommodations. The Department shall make the
        documents required under this paragraph available for
        retrieval from the Department's website.
            (2) Upon notification of a violation of paragraph
        (1) of this subdivision (K), the Department may launch
        a preliminary investigation. If the Department finds a
        violation, the Department may issue a notice to show
        cause giving the employer 30 days to correct the
        violation. If the violation is not corrected, the
        Department may initiate a charge of a civil rights
        violation.
(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
 
    (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, or pursuant to a private employer's
    voluntary veterans' preference employment policy
    authorized by the Veterans Preference in Private
    Employment Act.
        (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 Public Act 85-748,
Public Act 85-748 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).
    (D) Nothing contained in this Act shall require an
employer to sponsor, either monetarily or otherwise, any
applicant or employee to obtain or modify work authorization
status, unless otherwise required by federal law.
    (E) Nothing contained in this Act may be construed to
obligate an employer, employment agency, or labor organization
to make accommodations or modifications to reasonable
workplace rules or policies for an employee based on family
responsibilities, including accommodations or modifications
related to leave, scheduling, productivity, attendance,
absenteeism, timeliness, work performance, referrals from a
labor union hiring hall, and benefits, as long as its rules or
policies are applied in accordance with this Act. Further,
nothing contained in this Act prevents an employer from taking
adverse action or otherwise enforcing reasonable workplace
rules or policies related to leave, scheduling, productivity,
attendance, absenteeism, timeliness, work performance,
referrals from a labor union hiring hall, and benefits against
an employee with family responsibilities as long as its
policies are applied in accordance with this Act.
(Source: P.A. 102-233, eff. 8-2-21.)
 
    (775 ILCS 5/6-101)  (from Ch. 68, par. 6-101)
    (Text of Section before amendment by P.A. 103-472)
    Sec. 6-101. Additional civil rights violations under
Articles 2, 4, 5, and 5A. It is a civil rights violation for a
person, or for 2 or more persons, to conspire to:
        (A) Retaliation. Retaliate against a person because he
    or she has opposed that which he or she reasonably and in
    good faith believes to be unlawful discrimination, sexual
    harassment in employment, sexual harassment in elementary,
    secondary, and higher education, or discrimination based
    on arrest record, citizenship status, or work
    authorization status, or family responsibilities in
    employment under Articles 2, 4, 5, and 5A, because he or
    she has made a charge, filed a complaint, testified,
    assisted, or participated in an investigation, proceeding,
    or hearing under this Act, or because he or she has
    requested, attempted to request, used, or attempted to use
    a reasonable accommodation as allowed by this Act;
        (B) Aiding and Abetting; Coercion. Aid, abet, compel,
    or coerce a person to commit any violation of this Act;
        (C) Interference. Wilfully interfere with the
    performance of a duty or the exercise of a power by the
    Commission or one of its members or representatives or the
    Department or one of its officers or employees.
    Definitions. For the purposes of this Section, "sexual
harassment", "citizenship status", and "work authorization
status", and "family responsibilities" shall have the same
meaning as defined in Section 2-101 of this Act.
(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
102-813, eff. 5-13-22.)
 
    (Text of Section after amendment by P.A. 103-472)
    Sec. 6-101. Additional civil rights violations under
Articles 2, 4, 5, 5A, and 6. It is a civil rights violation for
a person, or for 2 or more persons, to conspire to:
        (A) Retaliation. Retaliate against a person because
    that person has:
            (i) opposed or reported conduct that the person
        reasonably and in good faith believes to be prohibited
        under Articles 2, 4, 5, 5A, and 6;
            (ii) made a charge, filed a complaint, testified,
        assisted, or participated in an investigation,
        proceeding, or hearing under this Act; or
            (iii) requested, attempted to request, used, or
        attempted to use a reasonable accommodation as allowed
        by this Act;
        (B) Aiding and Abetting; Coercion. Aid, abet, compel,
    or coerce a person to commit any violation of this Act;
        (C) Interference. Wilfully interfere with the
    performance of a duty or the exercise of a power by the
    Commission or one of its members or representatives or the
    Department or one of its officers or employees.
(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
102-813, eff. 5-13-22; 103-472, eff. 8-1-24.)