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Public Act 099-0152 Public Act 0152 99TH GENERAL ASSEMBLY |
Public Act 099-0152 | HB3122 Enrolled | LRB099 06025 KTG 26079 b |
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| AN ACT concerning veterans.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 1. Short title. This Act may be cited as the | Veterans Preference in Private Employment Act. | Section 5. Purpose. The General Assembly intends to | establish a permissive preference in private employment for | certain veterans. | Section 10. Definitions. As used in this Act: | "Armed forces of the United States" means the United States | Army, Marine Corps, Navy, Air Force, and Coast Guard, or the | reserve component of any of those, and includes the Illinois | National Guard. | "Private employer" means any non-public sole proprietor, | corporation, partnership, limited liability company, or other | private, non-public entity employing one or more employees | within Illinois. | "Veteran" means an individual who meets one or more of the | following: | (1) has served on active duty with the armed forces of | the United States for a period of more than 180 days and | was discharged or released from active duty under |
| conditions other than dishonorable; | (2) was discharged or released from active duty with | the armed forces of the United States because of a | service-connected disability; or | (3) is a member of the Illinois National Guard who has | never been deployed but separated under conditions other | than dishonorable as noted on the individual's NGB-22 | discharge form. | "Veterans' preference employment policy" means a private | employer's voluntary preference for hiring, promoting, or | retaining a veteran over another equally qualified applicant or | employee. | Section 15. Veterans' preference employment policy. A | private employer may adopt and apply a voluntary veterans' | preference employment policy if: | (1) the veterans' preference employment policy is in | writing; | (2) the veterans' preference employment policy is | publicly posted by the private employer at the place of | employment or on any website maintained by the private | employer; | (3) the private employer's job application informs all | applicants of the veterans' preference employment policy | and where the policy may be obtained; and | (4) the private employer applies the veterans' |
| preference employment policy uniformly for all employment | decisions regarding the hiring or promotion of veterans or | the retention of veterans during a reduction in force.
| Section 20. Verification of eligibility. A private | employer who maintains a veterans' preference employment | policy pursuant to Section 15 of this Act may require and rely | on an applicant's or employee's Department of Defense | DD214/DD215 forms or their predecessor or successor forms, an | applicant's or employee's NGB-22 discharge form or its | predecessor or successor forms (if a member of the National | Guard), and a U.S. Department of Veterans Affairs award letter | (if the applicant or employee is claiming a service-connected | disability) to establish eligibility for such policy. | Section 25. The Illinois Human Rights Act is amended by | changing Section 2-104 as follows:
| (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.
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| (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. 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" | 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
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| (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. 97-877, eff. 8-2-12.)
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Effective Date: 1/1/2016
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