|
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 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
|
(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.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|