National origin discrimination - Illinois

Summary of differences between federal and state regulations

Employer defined

“Employer” includes:

• Any person employing 15 or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation;
• Any person employing one or more employees when a complainant alleges civil rights violation due to unlawful discrimination based upon his or her physical or mental handicap unrelated to ability or sexual harassment;
• The State and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees;
• Any party to a public contract without regard to the number of employees;
• A joint apprenticeship or training committee without regard to the number of employees.

“Employer” does not include any religious corporation, association, educational institution, society, or non-profit nursing institution conducted by and for those who rely upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, society or non-profit nursing institution of its activities.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Guidelines on Discrimination Because of National Origin. For example, the state law includes an exemption for a bona fide occupational qualification. The burden is on the employer to prove that no person of a particular national origin can perform the job in an acceptable manner.

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 national origin or ancestry, unless it can show a bona fide occupational qualification. Likewise, 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.

An employer has an affirmative duty to maintain a working environment free of harassment on the basis of national origin.

An employer may be responsible for the acts of non-employees with respect to harassment of employees in the workplace on the basis of national origin where the employer, its agents or supervisory employees becomes aware of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases, the state will consider the extent of the employer’s control and any other legal responsibility which the employer may have with respect to the conduct of such non-employees.

Recordkeeping

Covered employers must maintain the following records, to the extent that they may exist, for the periods indicated:

• Applications for employment, resumes, and other documents or supporting materials submitted by or on behalf of applicants; and all interview forms, aptitude or qualifying examinations, personal history or background examination reports, medical history and physical examination reports, and other documents, pertaining to each applicant, for one year from the date of application;
• Each employee’s personnel file, including performance evaluations, attendance/tardiness records, reprimands and disciplinary records, and suspension, lay-off, termination or resignation records, for one year from the date of such employee’s termination or separation from employment;
• Job descriptions, production standards, and other records of required job duties, qualifications and performance criteria, for one year following the date the same cease to be effective.

Covered labor organizations must maintain the following membership and business records, to the extent that they may exist, for the periods indicated:

• Applications for membership or transfer of membership, and supporting documents or materials submitted by or on behalf of any applicant, and any records bearing on the disposition thereof, for one year from the date of application;
• All membership and apprenticeship records, including records pertaining to the discipline, suspension or expulsion of a member, apprentice, or trainee, for one year from the date of expulsion or separation of any such person from membership or an apprenticeship or training program;
• All grievance and arbitration records, including documents pertaining to the request by or on behalf of any member of the collective bargaining unit that a grievance be initiated, and any documents reflecting the disposition of such a request or the disposition of any grievance filed, for one year from the date of such request or from the date of final resolution of the grievance.

Employment agencies must preserve the following documents for one year from the time these documents are created:

• all applications for assignment to an employer, and documents in support thereof;
• any documents bearing on the disposition thereof;
• documents relating to the terms and conditions of an assignment.

Once a charge has been served, the respondent must preserve all records and other evidence pertaining to the charge until the matter has been finally adjudicated.

State

Contact

Department of Human Rights

Regulations

Chapter 775 Illinois Compiled Statutes (ILCS) 5, Illinois Human Rights Act

Illinois Admin. Code Title 56, Chapter XI, Part 5220, Joint Rules of the Human Rights Commission and the Department of Human Rights: National Origin Discrimination in Employment

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

29 CFR Part 1606, Guidelines on Discrimination Because of National Origin