§ 95.10  EMPLOYMENT.
   (A)   It shall be an unlawful employment practice and a violation of this chapter for:
      (1)   An employer to fail to or refuse to hire any person, to segregate, or to otherwise unlawfully discriminate against such person with respect to hire, selection, promotion, discharge, discipline, training for apprenticeship, renewal of employment, tenure, terms, or other conditions of employment;
      (2)   An employment agency to fail or refuse to classify properly, accept applications, and register for employment referral or apprenticeship or otherwise to unlawfully discriminate;
      (3)   An employment agency to accept from any employer or person any job order, requisition, or request for referral of applications for employment or apprenticeship which makes or has the effect of making race, color, religion, sex, national origin, ancestry, age, marital status or handicap unrelated to ability a condition of referral;
      (4)   Any labor organization to unlawfully discriminate against any person in any way which would deprive or limit his employment opportunities or otherwise adversely affect his status as an applicant for employment or as an employee with regard to tenure, compensation, promotion, discharge, or any other terms, conditions, or privileges directly or indirectly related to employment;
      (5)   Any employer or labor organization to establish, announce or follow a policy of denying or limiting, through a quota system or otherwise, the employment or membership opportunities of any person or group of persons because of unlawful discrimination;
      (6)   Any employer, labor organization, or any joint labor-management committee controlling apprentice training programs to deny to or withhold from any person the right to be admitted to or participate in a guidance program, an apprenticeship training program, an on-the-job training program or any other occupational training program because of unlawful discrimination;
      (7)   Any employer, employee, agent of employer, employment agency or labor organization to engage in sexual harassment; provided, that an employer shall be responsible for sexual harassment of the employer's employees by non-employees or non-managerial and non-supervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures; or
      (8)   Any employer or labor organization to publish or circulate, or cause to be published or circulated, any notice or advertisement relating to employment or membership which creates a reasonable belief of unlawful discrimination.
   (B)   Exemptions.
      (1)   Nothing contained in this chapter shall prohibit an employer, employment agency or labor organization from:
         (a)   Hiring or selecting between persons for bona fide occupational qualifications or any reason except those violations specifically identified in this chapter.
         (b)   Giving preferential treatment to veterans and their relatives as required by the laws or regulations of the United Sates or this state.
         (c)   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.
         (d)   Giving or acting upon the results of 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.
         (e)   Merit and retirement systems.
            1.   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.
            2.   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 policy making 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 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.
         (f)   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.
         (g)   Imposing a mandatory retirement age for firefighters or law enforcement officers if the law enforcement officer or firefighter has attained the age of retirement in effect under applicable state or local law and if such retirement action is taken pursuant to a bona fide retirement plan. This division shall not apply with respect to any cause of action arising prior to the effective date of this chapter.
         (h)   Failing or refusing to hire or to discharge 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 the age of hiring or retirement in effect under applicable state or local law.
            1.   “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 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.
            2.   “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.
            3.   The provisions of this division shall remain in effect until similar provisions in Section 4 of the federal Age Discrimination in Employment Act of 1967 (29 U.S. Code 623) are deleted or repealed.
         (i)   Making legitimate distinctions based on citizenship status if specifically authorized or required by state or federal law.
      (2)   With respect to any employee who is subject to a collective bargaining agreement:
         (a)   Which is in effect prior to the effective date of this chapter;
         (b)   Which terminates after the effective date of this chapter;
         (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 chapter, such chapter shall not apply until the termination of such collective bargaining agreement or one year from the effective date of this chapter, whichever occurs first.
      (3)   (a)   For purposes of this chapter, 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.
         (b)   Division (B)(3)(a) above shall not apply where an employee or applicant for employment:
            1.   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;
            2.   Is participating in a supervised rehabilitation program and is no longer engaging in such use; or
            3.   Is erroneously regarded as engaging in such use, but is not engaging in such use.
         (c)   It shall not be a violation of this chapter 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 division (a) or (b) is no longer engaging in the illegal use of drugs.
         (d)   An employer:
            1.   May prohibit the illegal use of drugs and the use of alcohol at the work place by all employees;
            2.   May require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace;
            3.   May require that employees behave in conformance with the requirements established under the federal Drug-Free Workplace Act of 1988 (11 U.S.C. 701 et seq.) and the Illinois Drug Free Workplace Act;
            4.   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
            5.   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 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).
         (e)   For purposes of this chapter, a test to determine the illegal use of drugs shall not be considered a medical examination. Nothing in this chapter 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.
         (f)   Nothing in this chapter 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 to:
            1.   Test employees of such an employer in, and applicants for, positions involving safety-sensitive duties for the illegal use of drugs and for on-duty impairment by alcohol; and
            2.   Remove such persons who test positive for illegal use of drugs and on-duty impairment by alcohol pursuant to division (B)(3)(f)1. above from safety-sensitive duties in implementing division (B)(3)(d).
(Ord. 7793, passed 11-7-95)