Illinois Compiled Statutes
775 ILCS 5/ - Illinois Human Rights Act.
Article 2 - Employment

(775 ILCS 5/Art. 2 heading)

(775 ILCS 5/2-101)
Sec. 2-101. Definitions. The following definitions are applicable
strictly in the context of this Article.
(A) Employee.
(B) Employer.
(C) Employment Agency. "Employment Agency" includes both public and
private employment agencies and any person, labor organization, or labor
union having a hiring hall or hiring office regularly undertaking, with
or without compensation, to procure opportunities to work, or to
procure, recruit, refer or place employees.
(D) Labor Organization. "Labor Organization" includes any
organization, labor union, craft union, or any voluntary unincorporated
association designed to further the cause of the rights of union labor
which is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances, terms or
conditions of employment, or apprenticeships or applications for
apprenticeships, or of other mutual aid or protection in connection with
employment, including apprenticeships or applications for apprenticeships.
(E) Sexual Harassment. "Sexual harassment" means any unwelcome sexual
advances or requests for sexual favors or any conduct of a sexual nature
when (1) submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment, (2) submission to or
rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3) such conduct has the
purpose or effect of substantially interfering with an individual's work
performance or creating an intimidating, hostile or offensive working
environment.
For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties.
(E-1) Harassment. "Harassment" means any unwelcome conduct on the basis of an individual's actual or perceived race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, citizenship status, or work authorization status that has the purpose or effect of substantially interfering with the individual's work performance or creating an intimidating, hostile, or offensive working environment. For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties.
(F) Religion. "Religion" with respect to employers includes all
aspects of religious observance and practice, as well as belief, unless an
employer demonstrates that he is unable to reasonably accommodate an
employee's or prospective employee's religious observance or practice
without undue hardship on the conduct of the employer's business.
(G) Public Employer. "Public employer" means the State, an agency or
department thereof, unit of local government, school district,
instrumentality or political subdivision.
(H) Public Employee. "Public employee" means an employee of the State,
agency or department thereof, unit of local government, school district,
instrumentality or political subdivision. "Public employee" does not include
public officers or employees of the General Assembly or agencies thereof.
(I) Public Officer. "Public officer" means a person who is elected to
office pursuant to the Constitution or a statute or ordinance, or who is
appointed to an office which is established, and the qualifications and
duties of which are prescribed, by the Constitution or a statute or
ordinance, to discharge a public duty for the State, agency or department
thereof, unit of local government, school district, instrumentality or
political subdivision.
(J) Eligible Bidder. "Eligible bidder" means a person who, prior to contract award or prior to bid opening for State contracts for construction or construction-related services, has filed with the Department a properly completed, sworn and
currently valid employer report form, pursuant to the Department's regulations.
The provisions of this Article relating to eligible bidders apply only
to bids on contracts with the State and its departments, agencies, boards,
and commissions, and the provisions do not apply to bids on contracts with
units of local government or school districts.
(K) Citizenship Status. "Citizenship status" means the status of being:
(L) Work Authorization Status. "Work authorization status" means the status of being a person born outside of the United States, and not a U.S. citizen, who is authorized by the federal government to work in the United States.
(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20; 102-233, eff. 8-2-21; 102-558, eff. 8-20-21; 102-1030, eff. 5-27-22.)

(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
Sec. 2-102. Civil rights violations - employment. It is a civil
rights violation:

(775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
Sec. 2-103. Arrest record.
(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 an arrest
record, as defined under subsection (B-5) of Section 1-103, 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 sealed felony
conviction information obtained from the Illinois 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 an arrest record, as defined under paragraph (1) of subsection (B-5) of Section 1-103, contained in
this Act 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. 101-565, eff. 1-1-20; 102-538, eff. 8-20-21.)

(775 ILCS 5/2-103.1)
Sec. 2-103.1. Conviction record.
(A) Unless otherwise authorized by law, it is a civil rights violation for any employer, employment agency or labor organization to use a conviction record, as defined under subsection (G-5) of Section 1-103, 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 (whether "disqualification" or "adverse action"), unless:
For the purposes of this subsection (A), "substantial relationship" means a consideration of whether the employment position offers the opportunity for the same or a similar offense to occur and whether the circumstances leading to the conduct for which the person was convicted will recur in the employment position.
(B) Factors considered. In making a determination pursuant to subsection (A), the employer shall consider the following factors:
(C) Interactive assessment required for disqualifying conviction. If, after considering the mitigating factors in subsection (B), the employer makes a preliminary decision that the employee's conviction record disqualifies the employee, the employer shall notify the employee of this preliminary decision in writing.
(Source: P.A. 101-656, eff. 3-23-21.)

(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:
(B) With respect to any employee who is subject to a collective
bargaining agreement:
(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:
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:
(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:
(D) Nothing contained in this Act shall require an employer to sponsor, either monetarily or otherwise, any applicant or employee to obtain or modify work authorization status, unless otherwise required by federal law.
(Source: P.A. 102-233, eff. 8-2-21.)

(775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
Sec. 2-105. Equal Employment Opportunities; Affirmative Action.
(A) Public Contracts. Every party to a public contract and every
eligible bidder shall:
The Department, by rule, shall establish a reasonable opportunity to cure any noncompliance with this subsection by a bidder prior to the awarding of a contract.
(B) State Agencies. Every State executive department, State agency,
board, commission, and instrumentality shall:
As used in this subsection (B), "disability" shall be defined in
rules promulgated under the Illinois Administrative
Procedure Act.
(C) Civil Rights Violations. It is a civil rights violation for any
public contractor or eligible bidder to:
(D) As used in this Section:

(775 ILCS 5/2-106)
Sec. 2-106. Interagency Committee on Employees with
Disabilities.
(A) As used in this Section:
"State agency" means all officers, boards, commissions, and agencies created by the Constitution in the executive branch; all officers, departments, boards, commissions, agencies, institutions, authorities, universities, bodies politic and corporate of the State; and administrative units or corporate outgrowths of the State government which are created by or pursuant to statute, other than units of local government and their officers, school districts, and boards of election commissioners; all administrative units and corporate outgrowths of the above and as may be created by executive order of the Governor.
"State employee" means an employee of a State agency.
(B) The Interagency Committee on Employees with
Disabilities, created under repealed Section 19a of the Personnel Code, is continued as set forth in this Section. The Committee is composed of 18 members as follows: the Chairperson of the Civil
Service Commission or his or her designee, the Director of Veterans' Affairs or his or her designee, the
Director of Central Management Services or his or her designee, the Secretary of Human Services or his or her designee, the
Director of Human Rights or his or her designee, the Director of the Illinois Council on Developmental Disabilities or his or her designee, the Lieutenant Governor or his or her designee, the Attorney General or his or her designee, the Secretary of State or his or her designee, the State Comptroller or his or her designee, the State Treasurer or his or her designee, and 7 State employees with disabilities appointed by and
serving at the pleasure of the Governor.
(C) The Director of Human Rights and the Secretary of Human
Services shall serve as
co-chairpersons of the Committee. The Committee shall meet as often as it
deems necessary, but in no case less than 6 times annually at the call of the
co-chairpersons. Notice shall be given to the members in writing in advance of
a scheduled meeting.
(D) The Department of Human Rights shall provide administrative support to the Committee.
(E) The purposes and functions of the Committee are: (1) to provide a
forum where problems of general concern to State employees with
disabilities can be raised and methods of their resolution can be suggested
to the appropriate State agencies; (2) to provide a
clearinghouse of information for State employees with disabilities by
working with those agencies to develop and retain such information; (3) to
promote affirmative action efforts pertaining to the employment of
persons with disabilities by State agencies; and (4) to recommend, where
appropriate, means of strengthening the affirmative action programs for
employees with disabilities in State agencies.
(F) The Committee
shall annually make
a complete report to the General Assembly on the Committee's achievements
and accomplishments. Such report may also include an evaluation by the
Committee of the effectiveness of the hiring and advancement practices in
State government.
(G) This amendatory Act of the 99th General Assembly is not intended to
disqualify any current member of the Committee from continued membership
on the Committee in accordance with the terms of this Section or the member's
appointment.

(Source: P.A. 99-314, eff. 8-7-15.)

(775 ILCS 5/2-107)
Sec. 2-107. Helpline to report sexual harassment and discrimination.
(a) The Department shall, no later than 3 months after the effective date of this amendatory Act of the 100th General Assembly, establish and maintain a sexual harassment and discrimination helpline. The Department shall help persons who contact the Department through the helpline find necessary resources, including counseling services, and assist in the filing of sexual harassment and discrimination complaints with the Department or other applicable agencies. The Department may recommend individual seek private counsel, but shall not make recommendations for legal representation. The helpline shall provide the means through which persons may anonymously report sexual harassment and discrimination in both private and public places of employment. In the case of a report of sexual harassment and discrimination by a person subject to Article 20 or 25 of the State Officials and Employees Ethics Act, the Department shall, with the permission of the reporting individual, report the allegations to the Executive Inspector General or Legislative Inspector General for further investigation.
(b) The Department shall advertise the helpline on its website and in materials related to sexual harassment and discrimination, including posters made available to the public, and encourage reporting by both those who are subject to sexual harassment and discrimination and those who have witnessed it.
(c) All communications received by the Department via the helpline or Internet communication shall remain confidential and shall be exempt from disclosure under the Freedom of Information Act.
(d) As used in this Section, "helpline" means a toll-free telephone with voicemail capabilities and an Internet website through which persons may report instances of sexual harassment and discrimination.
(e) The Department shall annually evaluate the helpline and report to the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct, the following information:
(i) the total number of calls received, including messages left during non-business hours;
(ii) the number of calls reporting sexual discrimination claims;
(iii) the number of calls reporting harassment claims;
(iv) the number of calls reporting sexual harassment claims;
(v) the number of calls that were referred to each Executive Inspector General; and
(vi) the number of calls that were referred to the Legislative Inspector General.

(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)

(775 ILCS 5/2-108)
(Section scheduled to be repealed on January 1, 2030)
Sec. 2-108. Employer disclosure requirements.
(A) Definitions. The following definitions are applicable strictly to this Section:
(B) Required disclosures. Beginning July 1, 2020, and by each July 1 thereafter, each employer that had an adverse judgment or administrative ruling against it in the preceding calendar year, as provided in this Section, shall disclose annually to the Department of Human Rights the following information:
(C) Settlements. If the Department is investigating a charge filed pursuant to this Act, the Department may request the employer responding to the charge to submit the total number of settlements entered into during the preceding 5 years, or less at the direction of the Department, that relate to any alleged act of sexual harassment or unlawful discrimination that:
The total number of settlements entered into during the requested period shall be reported along with how many settlements are in each of the following categories, when requested by the Department pursuant to this subsection:
The Department shall not rely on the existence of any settlement agreement to support a finding of substantial evidence under this Act.
(D) Prohibited disclosures. An employer may not disclose the name of a victim of an act of alleged sexual harassment or unlawful discrimination in any disclosures required under this Section.
(E) Annual report. The Department shall publish an annual report aggregating the information reported by employers under subsection (B) of this Section such that no individual employer data is available to the public. The report shall include the number of adverse judgments or administrative rulings filed during the preceding calendar year based on each of the protected classes identified by this Act.
The report shall be filed with the General Assembly and made available to the public by December 31 of each reporting year. Data submitted by an employer to comply with this Section is confidential and exempt from the Freedom of Information Act.
(F) Failure to report and penalties. If an employer fails to make any disclosures required under this Section, the Department shall issue a notice to show cause giving the employer 30 days to disclose the required information. If the employer does not make the required disclosures within 30 days, the Department shall petition the Illinois Human Rights Commission for entry of an order imposing a civil penalty against the employer pursuant to Section 8-109.1. The civil penalty shall be paid into the Department of Human Rights' Training and Development Fund.
(G) Rules. The Department shall adopt any rules it deems necessary for implementation of this Section.
(H) This Section is repealed on January 1, 2030.

(Source: P.A. 101-221, eff. 1-1-20; 102-558, eff. 8-20-21.)

(775 ILCS 5/2-109)
Sec. 2-109. Sexual harassment prevention training.
(A) The General Assembly finds that the organizational tolerance of sexual harassment has a detrimental influence in workplaces by creating a hostile environment for employees, reducing productivity, and increasing legal liability. It is the General Assembly's intent to encourage employers to adopt and actively implement policies to ensure their workplaces are safe for employees to report concerns about sexual harassment without fear of retaliation, loss of status, or loss of promotional opportunities.
(B) The Department shall produce a model sexual harassment prevention training program aimed at the prevention of sexual harassment in the workplace. The model program shall be made available to employers and to the public online at no cost. This model program shall include, at a minimum, the following:
(C) Except for those employers subject to the requirements of Section 5-10.5 of the State Officials and Employees Ethics Act, every employer with employees working in this State shall use the model sexual harassment prevention training program created by the Department or establish its own sexual harassment prevention training program that equals or exceeds the minimum standards in subsection (B). The sexual harassment prevention training shall be provided at least once a year to all employees. For the purposes of satisfying the requirements under this Section, the Department's model sexual harassment prevention training program may be used to supplement any existing program an employer is utilizing or develops.
(D) If an employer violates this Section, the Department shall issue a notice to show cause giving the employer 30 days to comply. If the employer does not comply within 30 days, the Department shall petition the Human Rights Commission for entry of an order imposing a civil penalty against the employer pursuant to Section 8-109.1. The civil penalty shall be paid into the Department of Human Rights Training and Development Fund.

(Source: P.A. 101-221, eff. 1-1-20.)

(775 ILCS 5/2-110)
Sec. 2-110. Restaurants and bars; sexual harassment prevention.
(A) As used in this Section:
"Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than 10% of its gross revenue from the sale of food consumed on the premises, including, but not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.
"Manager" means a person responsible for the hiring and firing of employees, including, but not limited to, a general manager, owner, head chef, or other non-tipped employee with duties managing the operation, inventory, safety, and personnel of a restaurant or bar.
"Restaurant" means any business that is primarily engaged in the sale of ready-to-eat food for immediate consumption, including, but not limited to, restaurants, coffee shops, cafeterias, and sandwich stands that give or offer for sale food to the public, guests, or employees, and kitchen or catering facilities in which food is prepared on the premises for serving elsewhere.
(B) Every restaurant and bar operating in this State must have a sexual harassment policy provided to all employees, in writing, within the first calendar week of the employee's employment. The policy shall include:
The policy shall be made available in English and Spanish.
(C) In addition to the model sexual harassment prevention training program produced by the Department in Section 2-109, the Department shall develop a supplemental model training program in consultation with industry professionals specifically aimed at the prevention of sexual harassment in the restaurant and bar industry. The supplemental model program shall be made available to all restaurants and bars and the public online at no cost. The training shall include:
(D) Every restaurant and bar that is an employer under this Act shall use the supplemental model training program or establish its own supplemental model training program that equals or exceeds the requirements of subsection (C). The supplemental training program shall be provided at least once a year to all employees, regardless of employment classification. For the purposes of satisfying the requirements under this Section, this supplemental training may be done in conjunction or at the same time as any training that complies with Section 2-109.
(E) If a restaurant or bar that is an employer under this Act violates this Section 2-110, the Department shall issue a notice to show cause giving the employer 30 days to comply. If the employer does not comply within 30 days, the Department shall petition the Human Rights Commission for entry of an order imposing a civil penalty against the employer pursuant to Section 8-109.1. The civil penalty shall be paid into the Department of Human Rights Training and Development Fund.

(Source: P.A. 101-221, eff. 1-1-20.)