Discrimination - Other - Illinois

Arrest record discrimination

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 an arrest or criminal history record information ordered expunged, sealed or impounded 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 does not prohibit a state agency, unit of local government or school district, or private organization from utilizing conviction information obtained from the Department of State Police in evaluating the qualifications and character of an employee or a prospective employee.

The prohibition against the use of the fact of an arrest does not 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.

Citizenship status discrimination

In circumstances where citizenship requirements have the purpose or effect of discriminating against an individual on the basis of national origin, they are prohibited.

An employer, employment agency or labor organization may not require a job applicant to disclose his or her citizenship where a citizenship requirement would have the purpose or effect of discriminating against a person on the basis of national origin. It is not a violation to uniformly inquire of all applicants whether they are able to lawfully work in the United States.

The Illinois Human Rights Act does not require the employment of any individual who is not able to lawfully work in the United States. The protections of the Act will, however, extend to all individuals, regardless of their ability to work lawfully in the United States. Individuals who are not able to lawfully work in the United States will be allowed to file charges with the Illinois Department of Human Rights, and charges will be processed in accordance with the law.

Military discharge status discrimination

"Unfavorable military discharge" includes discharges from the Armed Forces of the United States, their Reserve components or any National Guard or Naval Militia which are classified as RE-3 or the equivalent thereof, but does not include those characterized as RE-4 or "Dishonorable."

The RE codes referred to in the definition are used by the armed forces to designate the reenlistment status of an individual at the time of discharge, but they do not always correlate exactly with the nature of the individual’s discharge. The RE-4 code is used by most (but not all) branches of the armed forces to designate that the individual is absolutely barred from reenlistment. While all persons receiving "Dishonorable" discharges are likely to be assigned the RE-4 code, that code may also be assigned to an individual whose discharge is not "Dishonorable." Moreover, individuals whose discharges have been upgraded by the military review boards may not have received corresponding changes in their reenlistment codes, since the review boards are not authorized to alter the codes. Thus, strict reliance on RE codes in evaluating job applicants may lead to results inconsistent with the legislative intent. Therefore, the nature of the discharge, rather than the RE code, should be regarded as the controlling factor.

An individual who has received an unfavorable discharge from military service may be excluded from a particular job as authorized by federal law or regulation, or when a position of employment involves the exercise of fiduciary responsibilities as defined by rules and regulations. The term "fiduciary responsibilities" in this context applies where the nature of the employment requires that the employee be entrusted with the discretionary safekeeping or disposition of currency, negotiable instruments, or other valuable property, without supervision and under circumstances where great trust, confidence and good faith are necessarily attendant. Examples may include a trustee, guardian, broker, conservator, curator, receiver, partner, corporate or public officer, or business agent, where the foregoing characteristics exist. The mere handling of or access to currency or negotiable instruments is not sufficient to establish "fiduciary responsibilities." Examples which will not ordinarily qualify may include a retail salesperson, insurance salesperson or collector, customer service representative, clerk or cashier, service station attendant, ticket agent, librarian, teller, or appliance installer or repair person. Except where a particular position or assignment requires the discretionary handling of valuables amid great trust, law enforcement and fire personnel do not exercise "fiduciary responsibilities."

Nothing contained in the law prohibits:

• 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.

• 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.

Sexual orientation discrimination

The Illinois Human Rights Act does not require preferential treatment based on sexual orientation, nor affirmative action policies. The purpose is only to prevent discrimination on this basis. "Sexual orientation" means actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person’s designated sex at birth. It does not include a physical or sexual attraction to a minor by an adult.

Use of lawful products

The Right to Privacy in the Workplace Act prohibits employers from discharging or otherwise retaliating against employees or prospective employees who use lawful products outside the workplace during nonworking hours.

"Lawful Products" include, but are not limited to, all tobacco products, all alcoholic beverages, all food products, all over-the-counter drugs, and any drugs lawfully prescribed by the employee’s own physician. Provided however, that any use or overconsumption of these lawful products that directly impairs the performance of the employee at the workplace shall not be protected.

Except as otherwise specifically provided by law, it shall be unlawful for an employer to refuse to hire or to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual uses lawful products off the premises of the employer during nonworking hours.

It is not a violation for an employer to offer, impose or have in effect a health, disability or life insurance policy that makes distinctions between employees for the type of coverage or the price of coverage based upon the employees’ use of lawful products provided that:

1. differential premium rates charged employees  reflect a differential cost to the employer; and
2. employers provide employees with a statement delineating the differential rates used by insurance carriers.

Order of Protection status

Te state of Illinois prohibits discrimination based on order of protection status. The term means a person’s status as being under an order of protection issued pursuant to the state Domestic Violence Act of 1986 or an order of protection issued by a court of another state.

Genetic information

For purposes of the IL Genetic Information Privacy Act, “employer" means the state of Illinois, any unit of local government, and any board, commission, department, institution, or school district, any party to a public contract, any joint apprenticeship or training committee within the state, and every other person employing employees within the state.

Under the IL Genetic Information Privacy Act, employers may not:

• Solicit, request, require, or purchase genetic testing or genetic information of a person or a family member of the person, or administer a genetic test to a person or a family member of the person as a condition of employment, preemployment application, labor organization membership, or licensure;
• Affect the terms, conditions, or privileges of employment, preemployment application, labor organization membership, or licensure, or terminate the employment, labor organization membership, or licensure of any person because of genetic testing or genetic information with respect to the employee or family member, or information about a request for or the receipt of genetic testing by such employee or family member of such employee;
• Limit, segregate, or classify employees in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee because of genetic testing or genetic information with respect to the employee or a family member, or information about a request for or the receipt of genetic testing or genetic information by such employee or family member of such employee;
• Retaliate through discharge or in any other manner against any person alleging a violation of the provisions or participating in any manner in a proceeding under the provisions.
• Enter into an agreement with an employee for employment, labor organization membership, licensure, or any pay or benefit in return for taking a genetic test.
• Use genetic information or genetic testing in a workplace wellness program benefitting employees unless:
• • Health or genetic services are offered by the employer,
  • The employee provides written authorization,
  • Only the employee (or family member if the family member is receiving genetic services) and the licensed health care professional or licensed genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services, and
  • Any individually identifiable information is available only for purposes of such services and must not be disclosed to the employer except in aggregate terms that do not disclose the identity of specific employees.
• Penalize an employee who does not disclose his or her genetic information or does not choose to participate in a program requiring disclosure of the employee's genetic information.

Employers may:

• Perform genetic testing of an employee who requests it and who provides written authorization, to initiate a workers' compensation claim.
• Purchase commercially and publicly available documents, including newspapers, magazines, periodicals, and books but not including medical databases or court records or inadvertently requesting family medical history.
• Request or require genetic information to be used for genetic monitoring of the biological effects of toxic substances in the workplace under certain situations.

Genetic information must be kept confidential per the federal Genetic Information Nondiscrimination Act of 2008, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, the Occupational Safety and Health Act, the Federal Mine Safety and Health Act, or the Atomic Energy Act.