Text of IL SB 3447 (2010)

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3447 Introduced 2/10/2010, by Sen. Bill Brady SYNOPSIS AS INTRODUCED: 775 ILCS 5/2-104 from Ch. 68, par. 2-104 Amends the Illinois Human Rights Act. In the Employment Article, provides that the Act does not apply to a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society with respect to employment qualifications based on religion or sexual orientation. Effective January 1, 2011. LRB096 17931 AJO 33299 b A BILL FOR SB3447 LRB096 17931 AJO 33299 b 1 AN ACT concerning human rights. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Human Rights Act is amended by 5 changing Section 2-104 as follows: 6 (775 ILCS 5/2-104) (from Ch. 68, par. 2-104) 7 Sec. 2-104. Exemptions. 8 (A) Nothing contained in this Act shall prohibit an 9 employer, employment agency or labor organization from: 10 (1) Bona Fide Qualification. Hiring or selecting 11 between persons for bona fide occupational qualifications 12 or any reason except those civil-rights violations 13 specifically identified in this Article. 14 (2) Veterans. Giving preferential treatment to 15 veterans and their relatives as required by the laws or 16 regulations of the United States or this State or a unit of 17 local government. 18 (3) Unfavorable Discharge From Military Service. Using 19 unfavorable discharge from military service as a valid 20 employment criterion when authorized by federal law or 21 regulation or when a position of employment involves the 22 exercise of fiduciary responsibilities as defined by rules 23 and regulations which the Department shall adopt. SB3447 - 2 - LRB096 17931 AJO 33299 b 1 (4) Ability Tests. Giving or acting upon the results of 2 any professionally developed ability test provided that 3 such test, its administration, or action upon the results, 4 is not used as a subterfuge for or does not have the effect 5 of unlawful discrimination. 6 (5) Merit and Retirement Systems. 7 (a) Applying different standards of compensation, 8 or different terms, conditions or privileges of 9 employment pursuant to a merit or retirement system 10 provided that such system or its administration is not 11 used as a subterfuge for or does not have the effect of 12 unlawful discrimination. 13 (b) Effecting compulsory retirement of any 14 employee who has attained 65 years of age and who, for 15 the 2-year period immediately preceding retirement, is 16 employed in a bona fide executive or a high 17 policymaking position, if such employee is entitled to 18 an immediate nonforfeitable annual retirement benefit 19 from a pension, profit-sharing, savings, or deferred 20 compensation plan, or any combination of such plans of 21 the employer of such employee, which equals, in the 22 aggregate, at least $44,000. If any such retirement 23 benefit is in a form other than a straight life annuity 24 (with no ancillary benefits) or if the employees 25 contribute to any such plan or make rollover 26 contributions, the retirement benefit shall be SB3447 - 3 - LRB096 17931 AJO 33299 b 1 adjusted in accordance with regulations prescribed by 2 the Department, so that the benefit is the equivalent 3 of a straight life annuity (with no ancillary benefits) 4 under a plan to which employees do not contribute and 5 under which no rollover contributions are made. 6 (c) Until January 1, 1994, effecting compulsory 7 retirement of any employee who has attained 70 years of 8 age, and who is serving under a contract of unlimited 9 tenure (or similar arrangement providing for unlimited 10 tenure) at an institution of higher education as 11 defined by Section 1201(a) of the Higher Education Act 12 of 1965. 13 (6) Training and Apprenticeship programs. Establishing 14 an educational requirement as a prerequisite to selection 15 for a training or apprenticeship program, provided such 16 requirement does not operate to discriminate on the basis 17 of any prohibited classification except age. 18 (7) Police and Firefighter/Paramedic Retirement. 19 Imposing a mandatory retirement age for 20 firefighters/paramedics or law enforcement officers and 21 discharging or retiring such individuals pursuant to the 22 mandatory retirement age if such action is taken pursuant 23 to a bona fide retirement plan provided that the law 24 enforcement officer or firefighter/paramedic has attained: 25 (a) the age of retirement in effect under 26 applicable State or local law on March 3, 1983; or SB3447 - 4 - LRB096 17931 AJO 33299 b 1 (b) if the applicable State or local law was 2 enacted after the date of enactment of the federal Age 3 Discrimination in Employment Act Amendments of 1996 4 (P.L. 104-208), the age of retirement in effect on the 5 date of such discharge under such law. 6 This paragraph (7) shall not apply with respect to any 7 cause of action arising under the Illinois Human Rights Act 8 as in effect prior to the effective date of this amendatory 9 Act of 1997. 10 (8) Police and Firefighter/Paramedic Appointment. 11 Failing or refusing to hire any individual because of such 12 individual's age if such action is taken with respect to 13 the employment of an individual as a firefighter/paramedic 14 or as a law enforcement officer and the individual has 15 attained: 16 (a) the age of hiring or appointment in effect 17 under applicable State or local law on March 3, 1983; 18 or 19 (b) the age of hiring in effect on the date of such 20 failure or refusal to hire under applicable State or 21 local law enacted after the date of enactment of the 22 federal Age Discrimination in Employment Act 23 Amendments of 1996 (P.L. 104-208). 24 As used in paragraph (7) or (8): 25 "Firefighter/paramedic" means an employee, the duties 26 of whose position are primarily to perform work directly SB3447 - 5 - LRB096 17931 AJO 33299 b 1 connected with the control and extinguishment of fires or 2 the maintenance and use of firefighting apparatus and 3 equipment, or to provide emergency medical services, 4 including an employee engaged in this activity who is 5 transferred to a supervisory or administrative position. 6 "Law enforcement officer" means an employee, the 7 duties of whose position are primarily the investigation, 8 apprehension, or detention of individuals suspected or 9 convicted of criminal offenses, including an employee 10 engaged in this activity who is transferred to a 11 supervisory or administrative position. 12 (9) Citizenship Status. Making legitimate distinctions 13 based on citizenship status if specifically authorized or 14 required by State or federal law. 15 (B) With respect to any employee who is subject to a 16 collective bargaining agreement: 17 (a) which is in effect on June 30, 1986, 18 (b) which terminates after January 1, 1987, 19 (c) any provision of which was entered into by a labor 20 organization as defined by Section 6(d)(4) of the Fair 21 Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and 22 (d) which contains any provision that would be 23 superseded by this amendatory Act of 1987 (Public Act 24 85-748), 25 such amendatory Act of 1987 shall not apply until the 26 termination of such collective bargaining agreement or January SB3447 - 6 - LRB096 17931 AJO 33299 b 1 1, 1990, whichever occurs first. 2 (C)(1) For purposes of this Act, the term "handicap" shall 3 not include any employee or applicant who is currently engaging 4 in the illegal use of drugs, when an employer acts on the basis 5 of such use. 6 (2) Paragraph (1) shall not apply where an employee or 7 applicant for employment: 8 (a) has successfully completed a supervised drug 9 rehabilitation program and is no longer engaging in the 10 illegal use of drugs, or has otherwise been rehabilitated 11 successfully and is no longer engaging in such use; 12 (b) is participating in a supervised rehabilitation 13 program and is no longer engaging in such use; or 14 (c) is erroneously regarded as engaging in such use, 15 but is not engaging in such use. 16 It shall not be a violation of this Act for an employer to 17 adopt or administer reasonable policies or procedures, 18 including but not limited to drug testing, designed to ensure 19 that an individual described in subparagraph (a) or (b) is no 20 longer engaging in the illegal use of drugs. 21 (3) An employer: 22 (a) may prohibit the illegal use of drugs and the use 23 of alcohol at the workplace by all employees; 24 (b) may require that employees shall not be under the 25 influence of alcohol or be engaging in the illegal use of 26 drugs at the workplace; SB3447 - 7 - LRB096 17931 AJO 33299 b 1 (c) may require that employees behave in conformance 2 with the requirements established under the federal 3 Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and 4 the Drug Free Workplace Act; 5 (d) may hold an employee who engages in the illegal use 6 of drugs or who is an alcoholic to the same qualification 7 standards for employment or job performance and behavior 8 that such employer holds other employees, even if any 9 unsatisfactory performance or behavior is related to the 10 drug use or alcoholism of such employee; and 11 (e) may, with respect to federal regulations regarding 12 alcohol and the illegal use of drugs, require that: 13 (i) employees comply with the standards 14 established in such regulations of the United States 15 Department of Defense, if the employees of the employer 16 are employed in an industry subject to such 17 regulations, including complying with regulations (if 18 any) that apply to employment in sensitive positions in 19 such an industry, in the case of employees of the 20 employer who are employed in such positions (as defined 21 in the regulations of the Department of Defense); 22 (ii) employees comply with the standards 23 established in such regulations of the Nuclear 24 Regulatory Commission, if the employees of the 25 employer are employed in an industry subject to such 26 regulations, including complying with regulations (if SB3447 - 8 - LRB096 17931 AJO 33299 b 1 any) that apply to employment in sensitive positions in 2 such an industry, in the case of employees of the 3 employer who are employed in such positions (as defined 4 in the regulations of the Nuclear Regulatory 5 Commission); and 6 (iii) employees comply with the standards 7 established in such regulations of the United States 8 Department of Transportation, if the employees of the 9 employer are employed in a transportation industry 10 subject to such regulations, including complying with 11 such regulations (if any) that apply to employment in 12 sensitive positions in such an industry, in the case of 13 employees of the employer who are employed in such 14 positions (as defined in the regulations of the United 15 States Department of Transportation). 16 (4) For purposes of this Act, a test to determine the 17 illegal use of drugs shall not be considered a medical 18 examination. Nothing in this Act shall be construed to 19 encourage, prohibit, or authorize the conducting of drug 20 testing for the illegal use of drugs by job applicants or 21 employees or making employment decisions based on such test 22 results. 23 (5) Nothing in this Act shall be construed to encourage, 24 prohibit, restrict, or authorize the otherwise lawful exercise 25 by an employer subject to the jurisdiction of the United States 26 Department of Transportation of authority to: SB3447 - 9 - LRB096 17931 AJO 33299 b 1 (a) test employees of such employer in, and applicants 2 for, positions involving safety-sensitive duties for the 3 illegal use of drugs and for on-duty impairment by alcohol; 4 and 5 (b) remove such persons who test positive for illegal 6 use of drugs and on-duty impairment by alcohol pursuant to 7 subparagraph (a) from safety-sensitive duties in 8 implementing paragraph (3). 9 (D) The provisions of this Act do not apply to a religious 10 organization, association, or society or any nonprofit 11 institution or organization operated, supervised, or 12 controlled by or in conjunction with a religious organization, 13 association, or society with respect to employment 14 qualifications based on religion or sexual orientation. 15 (Source: P.A. 95-331, eff. 8-21-07.) 16 Section 99. Effective date. This Act takes effect January 17 1, 2011.