Bill Text: IL HB4620 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Human Rights Act. Provides that it is the policy of this State to prevent discrimination based on prior criminal conviction in employment. Establishes that it is a civil rights violation for an employer, employment agency, or labor organization to inquire into or to use the fact of a prior criminal conviction, or an arrest or criminal history record information (rather than an arrest or criminal history record information) as a basis 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, unless otherwise required by federal or State law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-17 - Tabled By Sponsor Rep. LaShawn K. Ford [HB4620 Detail]

Download: Illinois-2009-HB4620-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4620 Introduced , by Rep. LaShawn K. Ford SYNOPSIS AS INTRODUCED:
775 ILCS 5/1-102 from Ch. 68, par. 1-102
775 ILCS 5/2-103 from Ch. 68, par. 2-103
775 ILCS 5/2-104 from Ch. 68, par. 2-104
Amends the Illinois Human Rights Act. Provides that it is the policy of this State to prevent discrimination based on prior criminal conviction in employment. Establishes that it is a civil rights violation for an employer, employment agency, or labor organization to inquire into or to use the fact of a prior criminal conviction, or an arrest or criminal history record information (rather than an arrest or criminal history record information) as a basis 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, unless otherwise required by federal or State law.
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A BILL FOR
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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 1-102, 2-102, 2-103, and 2-104 as follows:
(775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
Sec. 1-102. Declaration of Policy. It is the public policy
of this State:
(A) Freedom from Unlawful Discrimination. To secure for all
individuals within Illinois the freedom from discrimination
against any individual because of his or her race, color,
religion, sex, national origin, ancestry, age, order of
protection status, marital status, physical or mental
disability, military status, sexual orientation, or
unfavorable discharge from military service in connection with
employment, real estate transactions, access to financial
credit, and the availability of public accommodations.
(B) Freedom from Sexual Harassment-Employment and Higher
Education. To prevent sexual harassment in employment and
sexual harassment in higher education.
(C) Freedom from Discrimination Based on Citizenship
Status-Employment. To prevent discrimination based on
citizenship status in employment.

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(D) Freedom from Discrimination Based on Familial
Status-Real Estate Transactions. To prevent discrimination
based on familial status in real estate transactions.
(D-1) Freedom from Discrimination Based on Prior Criminal
Conviction-Employment. To prevent discrimination based on
prior criminal conviction in employment.
(E) Public Health, Welfare and Safety. To promote the
public health, welfare and safety by protecting the interest of
all people in Illinois in maintaining personal dignity, in
realizing their full productive capacities, and in furthering
their interests, rights and privileges as citizens of this
State.
(F) Implementation of Constitutional Guarantees. To secure
and guarantee the rights established by Sections 17, 18 and 19
of Article I of the Illinois Constitution of 1970.
(G) Equal Opportunity, Affirmative Action. To establish
Equal Opportunity and Affirmative Action as the policies of
this State in all of its decisions, programs and activities,
and to assure that all State departments, boards, commissions
and instrumentalities rigorously take affirmative action to
provide equality of opportunity and eliminate the effects of
past discrimination in the internal affairs of State government
and in their relations with the public.
(H) Unfounded Charges. To protect citizens of this State
against unfounded charges of unlawful discrimination, sexual
harassment in employment and sexual harassment in higher

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education, and discrimination based on citizenship status in
employment.
(Source: P.A. 95-668, eff. 10-10-07; 96-447, eff. 1-1-10.)
(775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
Sec. 2-103. Arrest Record; Prior Criminal Conviction.
(A) Unless otherwise authorized by law, it is a civil
rights violation for any employer, employment agency or labor
organization to inquire into or to use the fact of a prior
criminal conviction, or an arrest or criminal history record
information ordered expunged, sealed or impounded under
Section 5.2 of the Criminal Identification Act as a basis 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. This Section does not prohibit a State agency, unit
of local government or school district, or private organization
from requesting or utilizing prior criminal conviction
information or sealed felony conviction information obtained
from the Department of State Police under the provisions of
Section 3 of the Criminal Identification Act or under other
State or federal laws or regulations that require criminal
background checks in evaluating the qualifications and
character of an employee or a prospective employee.
(B) The prohibition against the use of the fact of an

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arrest contained in this Section shall not be construed to
prohibit an employer, employment agency, or labor organization
from obtaining or using other information which indicates that
a person actually engaged in the conduct for which he or she
was arrested.
(Source: P.A. 96-409, eff. 1-1-10.)
(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

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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

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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

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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

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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.
(10) Prior Criminal Conviction. Using a prior criminal
conviction as a valid employment criterion when authorized
by federal or State 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),

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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 "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

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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

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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

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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.)