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Public Act 097-0877 | ||||
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AN ACT concerning human rights.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Home Inspector License Act is amended by | ||||
changing Section 15-10 as follows:
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(225 ILCS 441/15-10)
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(Section scheduled to be repealed on January 1, 2022)
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Sec. 15-10. Grounds for disciplinary action.
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(a) The Department may refuse to issue or renew, or may | ||||
revoke, suspend, place on probation, reprimand, or take other | ||||
disciplinary or non-disciplinary action as the Department may | ||||
deem appropriate, including imposing fines not to exceed | ||||
$25,000 for each violation, with regard to any license for any | ||||
one or combination of the following:
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(1) Fraud or misrepresentation in applying for, or | ||||
procuring a license under this Act or in connection with | ||||
applying for renewal of a license under this Act.
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(2) Failing to meet the minimum qualifications for | ||||
licensure as a home
inspector established by this Act.
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(3) Paying money, other than for the fees provided for | ||||
by this Act, or
anything of value to an employee of the | ||||
Department to procure licensure under this Act.
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(4) Conviction by plea of guilty or nolo contendere, |
finding of guilt, jury verdict, or entry of judgment or by | ||
sentencing of any crime, including, but not limited to, | ||
convictions, preceding sentences of supervision, | ||
conditional discharge, or first offender probation, under | ||
the laws of any jurisdiction of the United States: (i) that | ||
is a felony; (ii) that is a misdemeanor, an essential | ||
element of which is dishonesty, or that is directly related | ||
to the practice of the profession; or (iii) that is a crime | ||
that subjects the licensee to compliance with the | ||
requirements of the Sex Offender Registration Act.
| ||
(5) Committing an act or omission involving | ||
dishonesty, fraud, or
misrepresentation
with the intent to | ||
substantially benefit the licensee or another person or | ||
with
the intent to substantially injure another person.
| ||
(6) Violating a provision or standard for the | ||
development or
communication of home inspections as | ||
provided in Section 10-5 of this Act or as
defined in the | ||
rules.
| ||
(7) Failing or refusing to exercise reasonable
| ||
diligence
in the development, reporting, or communication | ||
of a home inspection report, as
defined
by this Act or the | ||
rules.
| ||
(8) Violating a provision of this Act or the rules.
| ||
(9) Having been disciplined by another state, the | ||
District of Columbia, a
territory, a foreign nation, a | ||
governmental agency, or any other entity
authorized to |
impose discipline if at least one of the grounds for
that
| ||
discipline is the same as or substantially equivalent to | ||
one of the grounds
for which a licensee may be disciplined | ||
under this Act.
| ||
(10) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character likely to deceive, | ||
defraud, or harm the public.
| ||
(11) Accepting an inspection assignment when the | ||
employment itself is
contingent upon the home inspector | ||
reporting a predetermined analysis or
opinion, or when the | ||
fee to be paid is contingent upon the analysis, opinion,
or | ||
conclusion reached or upon the consequences resulting from | ||
the home
inspection assignment.
| ||
(12) Developing home inspection opinions or | ||
conclusions based on the race,
color, religion, sex, | ||
national origin, ancestry, age, marital status, family
| ||
status, physical or mental disability handicap , or | ||
unfavorable military discharge, as
defined under the | ||
Illinois Human Rights Act, of the prospective or present
| ||
owners or occupants of the area or property under home | ||
inspection.
| ||
(13) Being adjudicated liable in a civil proceeding on | ||
grounds of
fraud,
misrepresentation, or deceit. In a | ||
disciplinary proceeding based upon a
finding of civil | ||
liability, the home inspector shall be
afforded an | ||
opportunity to present mitigating and extenuating |
circumstances,
but may not collaterally attack the civil | ||
adjudication.
| ||
(14) Being adjudicated liable in a civil proceeding for | ||
violation of
a
State or federal fair housing law.
| ||
(15) Engaging in misleading or untruthful advertising | ||
or using a trade
name or insignia of membership in a home | ||
inspection organization of
which the licensee is not a | ||
member.
| ||
(16) Failing, within 30 days, to provide information in | ||
response to a written request made by the Department.
| ||
(17) Failing to include within the home inspection | ||
report the home
inspector's license number and the date of | ||
expiration of the license. All
home inspectors providing | ||
significant contribution to the development and
reporting | ||
of a home inspection must be disclosed in the home | ||
inspection report.
It is a violation of this Act for a home | ||
inspector to sign a home inspection
report knowing that a | ||
person providing a significant contribution to the report
| ||
has not been disclosed in the home inspection report.
| ||
(18) Advising a client as to whether the client should | ||
or should not
engage in a transaction regarding the | ||
residential real property that is the
subject of the home | ||
inspection.
| ||
(19) Performing a home inspection in a manner that | ||
damages or alters the
residential real property that is the | ||
subject of the home inspection without
the consent of the |
owner.
| ||
(20) Performing a home inspection when the home | ||
inspector is providing
or may also provide other services | ||
in connection with the residential real
property or | ||
transaction, or has an interest in the residential real | ||
property,
without providing prior written notice of the | ||
potential or actual conflict and
obtaining the prior | ||
consent of the client as provided by rule.
| ||
(21) Aiding or assisting another person in violating | ||
any provision of this Act or rules adopted under this Act. | ||
(22) Inability to practice with reasonable judgment, | ||
skill, or safety as a result of habitual or excessive use | ||
or addiction to alcohol, narcotics, stimulants, or any | ||
other chemical agent or drug. | ||
(23) A finding by the Department that the licensee, | ||
after having his or her license placed on probationary | ||
status, has violated the terms of probation. | ||
(24) Willfully making or filing false records or | ||
reports in his or her practice, including, but not limited | ||
to, false records filed with State agencies or departments. | ||
(25) Charging for professional services not rendered, | ||
including filing false statements for the collection of | ||
fees for which services are not rendered. | ||
(26) Practicing under a false or, except as provided by | ||
law, an assumed name. | ||
(27) Cheating on or attempting to subvert the licensing |
examination administered under this Act. | ||
(b) The Department may suspend, revoke,
or refuse to issue
| ||
or renew an education provider's license, may reprimand, place | ||
on probation, or
otherwise discipline
an education provider
| ||
licensee, and may suspend or revoke the course approval of any | ||
course offered
by an education provider, for any of the | ||
following:
| ||
(1) Procuring or attempting to procure licensure by | ||
knowingly making a
false statement, submitting false | ||
information, making any form of fraud or
| ||
misrepresentation, or refusing to provide complete | ||
information in response to a
question in an application for | ||
licensure.
| ||
(2) Failing to comply with the covenants certified to | ||
on the application
for licensure as an education provider.
| ||
(3) Committing an act or omission involving | ||
dishonesty, fraud, or
misrepresentation
or allowing any | ||
such act or omission by any employee or contractor under | ||
the
control of the education provider.
| ||
(4) Engaging in misleading or untruthful advertising.
| ||
(5) Failing to retain competent instructors in | ||
accordance with rules
adopted under this Act.
| ||
(6) Failing to meet the topic or time requirements for | ||
course approval as
the provider of a pre-license curriculum | ||
course or a continuing education
course.
| ||
(7) Failing to administer an approved course using the |
course materials,
syllabus, and examinations submitted as | ||
the basis of the course approval.
| ||
(8) Failing to provide an appropriate classroom | ||
environment for
presentation of courses, with | ||
consideration for student comfort, acoustics,
lighting, | ||
seating, workspace, and visual aid material.
| ||
(9) Failing to maintain student records in compliance | ||
with the rules
adopted
under this Act.
| ||
(10) Failing to provide a certificate, transcript, or | ||
other student
record to the Department or to a student as | ||
may be required by rule.
| ||
(11) Failing to fully cooperate with a Department | ||
investigation by knowingly
making a false statement, | ||
submitting false or misleading information, or
refusing to | ||
provide complete information in
response to written | ||
interrogatories or a written request for
documentation | ||
within 30 days of the request.
| ||
(c) In appropriate cases, the Department may resolve a | ||
complaint against a licensee
through the issuance of a Consent | ||
to Administrative Supervision order. A
licensee subject to a | ||
Consent to Administrative Supervision order
shall be | ||
considered by the Department as an active licensee in good | ||
standing.
This order shall not be reported as or considered by | ||
the Department to be a discipline of
the licensee.
The records | ||
regarding an investigation and a Consent to Administrative
| ||
Supervision order shall be considered confidential and shall |
not be released by
the Department except as
mandated by law. | ||
The complainant shall be notified that his or her
complaint has | ||
been resolved by a Consent to Administrative Supervision order.
| ||
(d) The Department may refuse to issue or may suspend | ||
without hearing, as provided for in the Code of Civil | ||
Procedure, the license of any person who fails to file a tax | ||
return, to pay the tax, penalty, or interest shown in a filed | ||
tax return, or to pay any final assessment of tax, penalty, or | ||
interest, as required by any tax Act administered by the | ||
Illinois Department of Revenue, until such time as the | ||
requirements of the tax Act are satisfied in accordance with | ||
subsection (g) of Section 2105-15 of the Civil Administrative | ||
Code of Illinois. | ||
(e) The Department shall deny a license or renewal | ||
authorized by this Act to a person who has defaulted on an | ||
educational loan or scholarship provided or guaranteed by the | ||
Illinois Student Assistance Commission or any governmental | ||
agency of this State in accordance with item (5) of subsection | ||
(g) of Section 2105-15 of the Civil Administrative Code of | ||
Illinois. | ||
(f) In cases where the Department of Healthcare and Family | ||
Services has previously determined that a licensee or a | ||
potential licensee is more than 30 days delinquent in the | ||
payment of child support and has subsequently certified the | ||
delinquency to the Department, the Department may refuse to | ||
issue or renew or may revoke or suspend that person's license |
or may take other disciplinary action against that person based | ||
solely upon the certification of delinquency made by the | ||
Department of Healthcare and Family Services in accordance with | ||
item (5) of subsection (g) of Section 2105-15 of the Civil | ||
Administrative Code of Illinois. | ||
(g) The determination by a circuit court that a licensee is | ||
subject to involuntary admission or judicial admission, as | ||
provided in the Mental Health and Developmental Disabilities | ||
Code, operates as an automatic suspension. The suspension will | ||
end only upon a finding by a court that the patient is no | ||
longer subject to involuntary admission or judicial admission | ||
and the issuance of a court order so finding and discharging | ||
the patient. | ||
(h) In enforcing this Act, the Department, upon a showing | ||
of a possible violation, may compel an individual licensed to | ||
practice under this Act, or who has applied for licensure under | ||
this Act, to submit to a mental or physical examination, or | ||
both, as required by and at the expense of the Department. The | ||
Department may order the examining physician to present | ||
testimony concerning the mental or physical examination of the | ||
licensee or applicant. No information shall be excluded by | ||
reason of any common law or statutory privilege relating to | ||
communications between the licensee or applicant and the | ||
examining physician. The examining physician shall be | ||
specifically designated by the Department. The individual to be | ||
examined may have, at his or her own expense, another physician |
of his or her choice present during all aspects of this | ||
examination. The examination shall be performed by a physician | ||
licensed to practice medicine in all its branches. Failure of | ||
an individual to submit to a mental or physical examination, | ||
when directed, shall result in an automatic suspension without | ||
hearing. | ||
A person holding a license under this Act or who has | ||
applied for a license under this Act, who, because of a | ||
physical or mental illness or disability, including, but not | ||
limited to, deterioration through the aging process or loss of | ||
motor skill, is unable to practice the profession with | ||
reasonable judgment, skill, or safety, may be required by the | ||
Department to submit to care, counseling, or treatment by | ||
physicians approved or designated by the Department as a | ||
condition, term, or restriction for continued, reinstated, or | ||
renewed licensure to practice. Submission to care, counseling, | ||
or treatment as required by the Department shall not be | ||
considered discipline of a license. If the licensee refuses to | ||
enter into a care, counseling, or treatment agreement or fails | ||
to abide by the terms of the agreement, the Department may file | ||
a complaint to revoke, suspend, or otherwise discipline the | ||
license of the individual. The Secretary may order the license | ||
suspended immediately, pending a hearing by the Department. | ||
Fines shall not be assessed in disciplinary actions involving | ||
physical or mental illness or impairment. | ||
In instances in which the Secretary immediately suspends a |
person's license under this Section, a hearing on that person's | ||
license must be convened by the Department within 15 days after | ||
the suspension and completed without appreciable delay. The | ||
Department shall have the authority to review the subject | ||
individual's record of treatment and counseling regarding the | ||
impairment to the extent permitted by applicable federal | ||
statutes and regulations safeguarding the confidentiality of | ||
medical records. | ||
An individual licensed under this Act and affected under | ||
this Section shall be afforded an opportunity to demonstrate to | ||
the Department that he or she can resume practice in compliance | ||
with acceptable and prevailing standards under the provisions | ||
of his or her license. | ||
(Source: P.A. 97-226, eff. 7-28-11.)
| ||
Section 10. The Real Estate Appraiser Licensing Act of 2002 | ||
is amended by changing Section 15-10 as follows:
| ||
(225 ILCS 458/15-10)
| ||
(Section scheduled to be repealed on January 1, 2022)
| ||
Sec. 15-10. Grounds for disciplinary action.
| ||
(a) The Department
may suspend, revoke,
refuse to issue,
| ||
renew, or restore a license and may reprimand place on | ||
probation or administrative
supervision,
or take any | ||
disciplinary or non-disciplinary action, including
imposing
| ||
conditions limiting the scope, nature, or extent of the real |
estate appraisal
practice of a
licensee or reducing the | ||
appraisal rank of a licensee,
and may impose an administrative | ||
fine
not to exceed $25,000 for each violation upon a licensee
| ||
for any one or combination of the following:
| ||
(1) Procuring or attempting to procure a license by | ||
knowingly making a
false statement,
submitting false | ||
information, engaging in any form of fraud or
| ||
misrepresentation,
or refusing
to provide complete | ||
information in response to a question in an application for
| ||
licensure.
| ||
(2) Failing to meet the minimum qualifications for | ||
licensure as an
appraiser established by this
Act.
| ||
(3) Paying money, other than for the fees provided for | ||
by this Act, or
anything of value to a
member or employee | ||
of the Board or the Department
to procure
licensure
under | ||
this Act.
| ||
(4) Conviction by plea of guilty or nolo contendere, | ||
finding of guilt, jury verdict, or entry of judgment or by | ||
sentencing of any crime, including, but not limited to, | ||
convictions, preceding sentences of supervision, | ||
conditional discharge, or first offender probation, under | ||
the laws of any jurisdiction of the United States: (i) that | ||
is a felony; or (ii) that is a misdemeanor, an essential | ||
element of which is dishonesty, or that is directly related | ||
to the practice of the profession.
| ||
(5) Committing an act or omission involving |
dishonesty, fraud, or
misrepresentation with the intent to
| ||
substantially benefit the licensee or another person or | ||
with intent to
substantially injure
another person as | ||
defined by rule.
| ||
(6) Violating a provision or standard for the | ||
development or
communication of real estate
appraisals as | ||
provided in Section 10-10 of this Act or as defined by | ||
rule.
| ||
(7) Failing or refusing without good cause to exercise | ||
reasonable
diligence in developing, reporting,
or | ||
communicating an appraisal, as defined by this Act or by | ||
rule.
| ||
(8) Violating a provision of this Act or the rules | ||
adopted pursuant to
this Act.
| ||
(9) Having been disciplined by another state, the | ||
District of Columbia, a
territory, a foreign nation,
a | ||
governmental agency, or any other entity authorized to | ||
impose discipline if
at least one of
the grounds for that | ||
discipline is the same as or the equivalent of one of the
| ||
grounds for
which a licensee may be disciplined under this | ||
Act.
| ||
(10) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character likely to
deceive, | ||
defraud, or harm the public.
| ||
(11) Accepting an appraisal assignment when the | ||
employment
itself is contingent
upon the appraiser |
reporting a predetermined estimate, analysis, or opinion | ||
or
when the fee
to be paid is contingent upon the opinion, | ||
conclusion, or valuation reached or
upon the
consequences | ||
resulting from the appraisal assignment.
| ||
(12) Developing valuation conclusions based on the | ||
race, color, religion,
sex, national origin,
ancestry, | ||
age, marital status, family status, physical or mental | ||
disability handicap , or
unfavorable
military discharge, as | ||
defined under the Illinois Human Rights Act, of the
| ||
prospective or
present owners or occupants of the area or | ||
property under appraisal.
| ||
(13) Violating the confidential nature of government | ||
records to which
the licensee gained
access through | ||
employment or engagement as an appraiser by a government | ||
agency.
| ||
(14) Being adjudicated liable in a civil proceeding on | ||
grounds of
fraud, misrepresentation, or
deceit. In a | ||
disciplinary proceeding based upon a finding of civil | ||
liability,
the appraiser shall
be afforded an opportunity | ||
to present mitigating and extenuating circumstances,
but | ||
may not
collaterally attack the civil adjudication.
| ||
(15) Being adjudicated liable in a civil proceeding for | ||
violation of
a state or federal fair
housing law.
| ||
(16) Engaging in misleading or untruthful advertising | ||
or using a trade
name or insignia of
membership in a real | ||
estate appraisal or real estate organization of
which the |
licensee is
not a member.
| ||
(17) Failing to fully cooperate with a Department | ||
investigation by knowingly
making a false
statement, | ||
submitting false or misleading information, or refusing to | ||
provide
complete information in response to written
| ||
interrogatories or a written
request for documentation | ||
within 30 days of the request.
| ||
(18) Failing to include within the certificate of | ||
appraisal for all
written appraisal reports the | ||
appraiser's license number and licensure title.
All | ||
appraisers providing significant contribution to the | ||
development and
reporting of an appraisal must be disclosed | ||
in the appraisal report. It is a
violation of this Act for | ||
an
appraiser to sign a report,
transmittal letter, or | ||
appraisal certification knowing that a person providing
a | ||
significant
contribution to the report has not been | ||
disclosed in the appraisal report.
| ||
(19) Violating the terms of a disciplinary order or | ||
consent to administrative supervision order. | ||
(20) Habitual or excessive use or addiction to alcohol, | ||
narcotics, stimulants, or any other chemical agent or drug | ||
that results in a licensee's inability to practice with | ||
reasonable judgment, skill, or safety. | ||
(21) A physical or mental illness or disability which | ||
results in the inability to practice under this Act with | ||
reasonable judgment, skill, or safety.
|
(22) Gross negligence in developing an appraisal or in | ||
communicating an appraisal or failing to observe one or | ||
more of the Uniform Standards of Professional Appraisal | ||
Practice. | ||
(23) A pattern of practice or other behavior that | ||
demonstrates incapacity or incompetence to practice under | ||
this Act. | ||
(24) Using or attempting to use the seal, certificate, | ||
or license of another as his or her own; falsely | ||
impersonating any duly licensed appraiser; using or | ||
attempting to use an inactive, expired, suspended, or | ||
revoked license; or aiding or abetting any of the | ||
foregoing. | ||
(25) Solicitation of professional services by using | ||
false, misleading, or deceptive advertising. | ||
(26) Making a material misstatement in furnishing | ||
information to the Department. | ||
(27) Failure to furnish information to the Department | ||
upon written request. | ||
(b) The Department
may reprimand suspend, revoke,
or refuse | ||
to issue or renew an education provider's
license, may | ||
reprimand, place on probation, or otherwise discipline
an | ||
education provider
and may suspend or revoke the course | ||
approval of any course offered by
an education provider and may | ||
impose an administrative fine
not to exceed $25,000 upon
an | ||
education provider,
for any of the following:
|
(1) Procuring or attempting to procure licensure by | ||
knowingly making a
false statement,
submitting false | ||
information, engaging in any form of fraud or
| ||
misrepresentation, or
refusing to
provide complete | ||
information in response to a question in an application for
| ||
licensure.
| ||
(2) Failing to comply with the covenants certified to | ||
on the application
for licensure as an education provider.
| ||
(3) Committing an act or omission involving | ||
dishonesty, fraud, or
misrepresentation or allowing any | ||
such act or omission by
any employee or contractor under | ||
the control of the provider.
| ||
(4) Engaging in misleading or untruthful advertising.
| ||
(5) Failing to retain competent instructors in | ||
accordance with rules
adopted
under this Act.
| ||
(6) Failing to meet the topic or time requirements for | ||
course approval as
the provider of a pre-license
curriculum | ||
course or a continuing education course.
| ||
(7) Failing to administer an approved course using the | ||
course materials,
syllabus, and examinations
submitted as | ||
the basis of the course approval.
| ||
(8) Failing to provide an appropriate classroom | ||
environment for
presentation of courses, with
| ||
consideration for student comfort, acoustics, lighting, | ||
seating, workspace, and
visual aid material.
| ||
(9) Failing to maintain student records in compliance |
with the rules
adopted under this Act.
| ||
(10) Failing to provide a certificate, transcript, or | ||
other student
record to the Department
or to a student
as | ||
may be required by rule.
| ||
(11) Failing to fully cooperate with an
investigation | ||
by the Department by knowingly
making a false
statement, | ||
submitting false or misleading information, or refusing to | ||
provide
complete information in response to written | ||
interrogatories or a written
request for documentation | ||
within 30 days of the request.
| ||
(c) In appropriate cases, the Department
may resolve a | ||
complaint against a licensee
through the issuance of a Consent | ||
to Administrative Supervision order.
A licensee subject to a | ||
Consent to Administrative Supervision order
shall be | ||
considered by the Department
as an active licensee in good | ||
standing. This order shall not be reported or
considered by the | ||
Department
to be a discipline
of the licensee. The records | ||
regarding an investigation and a Consent to
Administrative | ||
Supervision order
shall be considered confidential and shall | ||
not be released by the Department
except
as mandated by law.
A | ||
complainant shall be notified if his or her complaint has been | ||
resolved
by a Consent to
Administrative Supervision order.
| ||
(Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
| ||
Section 15. The Illinois Human Rights Act is amended by | ||
changing Sections 2-101, 2-104, and 3-103 as follows:
|
(775 ILCS 5/2-101) (from Ch. 68, par. 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.
| ||
(2) "Employee" does not include:
| ||
(a) Domestic servants in private homes;
| ||
(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 15 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 handicap unrelated to ability 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 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 | ||
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.
| ||
(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 a
bid opening, 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 not an unauthorized alien 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.
| ||
(Source: P.A. 86-1343; 87-579; 87-666; 87-895.)
| ||
(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.
| ||
(3) Unfavorable Discharge From Military Service. 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.
| ||
(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 this
amendatory Act of 1987 (Public Act | ||
85-748),
| ||
such amendatory Act of 1987 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" | ||
"handicap" 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).
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
| ||
Sec. 3-103. Blockbusting. It is a civil rights violation | ||
for any
person to:
| ||
(A) Solicitation. Solicit for sale, lease, listing or | ||
purchase any
residential real estate within this State, on the | ||
grounds of loss of
value due to the present or prospective | ||
entry into the vicinity of the
property involved of any person |
or persons of any particular race,
color, religion, national | ||
origin, ancestry, age, sex, sexual orientation,
marital | ||
status,
familial status or
disability handicap .
| ||
(B) Statements. Distribute or cause to be distributed, | ||
written
material or statements designed to induce any owner of | ||
residential real
estate in this State to sell or lease his or | ||
her property because of any
present or prospective changes in | ||
the race, color, religion, national
origin, ancestry, age, sex, | ||
sexual orientation, marital status, familial
status or | ||
disability handicap
of residents in
the vicinity of the | ||
property involved.
| ||
(C) Creating Alarm. Intentionally create alarm, among | ||
residents of
any community, by transmitting communications in | ||
any manner, including
a telephone call
whether or not | ||
conversation thereby ensues, with a design to induce any
owner | ||
of residential real estate in this state to sell or lease his | ||
or
her property because of any present or prospective entry | ||
into the
vicinity of the property involved of any person or | ||
persons of any
particular race, color, religion, national | ||
origin, ancestry, age, sex, sexual
orientation, marital
| ||
status, familial status or disability handicap .
| ||
(Source: P.A. 93-1078, eff. 1-1-06 .)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|