reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.10 - Reduction in Benefits Due to Receipt of Vacation Pay, Holiday Pay, Retirement Pay, and Workers' Compensation Whose Sum is Less Than the Individual's Weekly Benefit Amount

Current through Register Vol. 48, No. 28, July 12, 2024
Provided that an individual is not ineligible for benefits
				  under Section
				  2920.5,
				  whenever an individual receives or is entitled to receive any vacation pay
				  treated as wages under Section
				  2920.25
				  or
				  2920.30,
				  holiday pay treated as wages under Section
				  2920.35 or receives
				  any disqualifying retirement pay under Section
				  2920.70
				  or workers' compensation during a week or weeks, and the aggregate amount of
				  those payments is less than the individual's weekly benefit amount, the
				  individual shall be eligible to receive with respect to that week or those
				  weeks, benefits in an amount equal to the weekly benefit amount reduced by the
				  sum of these payments. The reduction in benefits given by this Section does not
				  apply when the individual receives wages for less than full-time work as
				  defined by Section
				  2920.5(a)(4).
				  In those cases, the individual's eligibility and amount of reduced benefits, if
				  any, shall be calculated in accordance with the formula in Section
				  2920.15.
a) EXAMPLE: An individual received $60 in
				disqualifying retirement pay per week. He also receives $60 in vacation pay
				with respect to that week. If the weekly benefit amount was $130, he would be
				eligible to receive $10 in reduced benefits with respect to that
				week.
b) EXAMPLE: Assume the
				situation described in EXAMPLE in subsection (a) with the exception that the
				individual's disqualifying retirement pay with respect to that week is $70
				instead of $60. Because the sum of the individual's retirement pay and his
				vacation pay equals his weekly benefit amount, the individual is ineligible to
				receive reduced benefits under this Section because he is ineligible to receive
				any benefits under Section
				2920.5(d).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.18 - Voluntary Withholding for Federal and/or State of Illinois Income Tax

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever an
				individual voluntarily elects, under Section 1300 of the Act, to have monies
				withheld from his or her unemployment insurance benefits to cover possible
				federal and/or State of Illinois income tax liability, the amount of benefits
				subject to income tax withholding is the sum of the individual's weekly benefit
				amount (WBA), following any of the mandatory deductions from unemployment
				benefits set forth in this subsection (a), plus any spouse or dependent
				allowance payable under the Act. The following are the mandatory deductions:
1) Disqualifying income, including vacation
				pay, holiday pay, retirement pay, and workers' compensation, under Section
				2920.10;
2) Wages for less than full time work payable
				to him or her with respect to that week that are in excess of 50% of his or her
				weekly benefit amount;
3) One-fifth
				of the individual's WBA for each day that the individual was unable or
				unavailable for work as required by Section 402 of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.20 - Reduced Benefits: Payment Of Dependents' Allowance Or Spouse's Allowance

Current through Register Vol. 48, No. 28, July 12, 2024
An individual who is eligible to receive reduced benefits
				  with respect to any week under the provisions of Section
				  2920.10
				  or Section
				  2920.15
				  shall, in addition to such benefits, be eligible to receive the full amount of
				  any dependents' or spouse's allowance to which such individual may be entitled
				  under Section 401 of the Act.
a)
				Example 1: An individual is eligible to receive $84.00 in reduced benefits with
				respect to a particular week under the provisions of Section
				2920.10
				and a dependents' allowance of $30.00. Since the individual is eligible for
				reduced benefits, such individual is also entitled to receive $30.00 in
				dependents' allowance for that week.
b) Example 2: An individual receives $140.00
				in payments with respect to a week treated as wages or otherwise disqualifying
				under Section
				2920.5.
				The individual's weekly benefit amount is $130.00. Since such individual is
				ineligible to receive any benefits, such individual is not entitled to receive
				any dependents' or spouse's allowance.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.35 - Holiday Pay

Current through Register Vol. 48, No. 28, July 12, 2024
a) Amounts which an
				individual is entitled to receive and receives for a holiday shall be treated
				as wages.
b) For the purposes of
				this Section, a holiday is defined as a day of public commemoration or
				celebration during which the employee performs no services pursuant to the
				employer's pay plan or labor-management agreement. A holiday is not limited to
				official legal holidays.
c) Unless
				the labor-management agreement or employer's pay plan stipulates otherwise,
				such holiday pay shall be attributed to, or deemed to be payable with respect
				to, the week in which the holiday occurs or is celebrated. The date on which
				such pay is received does not affect its allocation to the week in which the
				holiday occurs or is celebrated.
d)
				Unless the labor-management agreement stipulates otherwise, whenever the
				holiday falls within:
1) An announced vacation
				or inventory period as provided by Section
				2920.25;
				or,
2) A designated vacation period
				in connection with a separation or layoff as provided by Section
				2920.30;
an individual who receives holiday pay shall be deemed to
				  have received wages for a normal work day on the day the holiday occurs or is
				  celebrated.
Example: For the week ending November 14, an individual is
				  entitled to 5 days of vacation pay and 1 day holiday pay for Veterans Day which
				  occurs on November 11. The vacation pay for 4 days and the holiday for November
				  11 shall be deducted from the benefit week ending November 14. The vacation
				  period, however, is extended to the next week by one day. Vacation pay for the
				  day shall be deducted in full from the benefits for the week ending November
				  21.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.40 - Payments In Lieu Of Notice Of Separation Or Layoff

Current through Register Vol. 48, No. 28, July 12, 2024
a) Wages
1)
				Amounts paid or payable by an employing unit to an individual in lieu of notice
				of separation or layoff, except for payments related to an employer's violation
				of the Illinois Worker Adjustment and Retraining Notification Act [820 ILCS 65
				] or the federal Worker Adjustment and Retraining Notification Act (
				29
				USC 2101 et seq.), shall be treated as wages
				with respect to the period of notice, provided that the following conditions
				are met:
A) There must be an employment
				agreement or a uniformly applied company policy that requires that the
				employing unit give the employee a definite period of notice before a layoff or
				separation;
B) The employee must be
				laid off or separated without the required notice; and
C) The employing unit must pay the employee a
				sum equal to his regular wages, or an amount computed in accordance with a
				formula based on the employee's past earnings, for the required period of the
				notice.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.45 - Severance Pay

Current through Register Vol. 48, No. 28, July 12, 2024
a) Amounts paid or
				payable to an individual for past services rendered by the individual to an
				employer or amounts paid or payable to an individual for pension or seniority
				rights lost upon separation or layoff shall be considered severance pay. Such
				pay shall not be considered wages payable or attributable with respect to the
				period subsequent to the individual's separation or layoff. Amounts paid or
				payable to the individual as severance pay shall not render the individual
				ineligible to receive benefits under Section
				2920.5.
				The nature and purpose of such payments, rather than their characterization,
				shall determine whether or not such payments are considered severance pay under
				this Section.
b) For the purpose of
				this Section, the status of payments as severance pay is not altered by the
				fact that:
1) Such payments are voluntary; or
				that,
2) Such payments are made
				periodically rather than in the form of a lump sum.
A) Example 1: An employer's separation pay
				program provides for a lump sum payment based on the length of service. The
				purpose of the payment is to allow the individual to maintain his standard of
				living while he seeks other work. The individual performs no services after his
				date of separation. This lump sum payment constitutes severance pay under this
				Section and hence is not disqualifying.
B) Example 2: The individual was notified
				that he was to be terminated from employment on April 17. The individual worked
				on the employer's premises until April 6 but performed incidental services to
				the employer from April 6 through April 17 by telephone in training a
				replacement. The wages received from April 6 through April 17 are not severance
				pay. Because the individual performed some services and received wages for the
				period April 6 through April 17, he was not unemployed under Section 239 of the
				Act and hence not eligible for benefits under the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.48 - Residual Payments

Current through Register Vol. 48, No. 28, July 12, 2024
Residual payments constitute remuneration for personal
				  services and, therefore, must be deducted from unemployment insurance benefits
				  as provided in Section 402 of the Act. However, residual payments are
				  attributable only to the weeks in which the personal services were actually
				  performed and, therefore, are deductible only from those weeks.
Example: During the week ending March 2, 1991, an individual
				  performs in a commercial. This commercial is scheduled to air on television
				  every Friday from March 8, 1991 until May 24, 1991. As compensation for his
				  performance, the individual will receive residual payments every time that the
				  commercial is aired. These residual payments constitute remuneration for
				  personal services for the week ending March 2, 1991 only. If this individual
				  claims unemployment insurance benefits for that week, the residual payments
				  shall be deducted from his benefits as provided in Section 402 of the
				  Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.50 - Back Pay Awards

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				individual who receives a "back pay award" as a result of a decision by the
				National Labor Relations Board, a court of law, any other governmental agency,
				in accordance with the employer's grievance procedure, if any, or in voluntary
				settlement of any back pay dispute is considered to have received wages for
				services under the Act and hence is ineligible for benefits during any week of
				the period covered by the back pay award in which the amount of the back pay
				award equals or exceeds the individual's weekly benefit amount. If the amount
				of back pay attributable to any week covered by the back pay award is less than
				the individual's weekly benefit amount, the individual may be eligible for
				reduced benefits under Section
				2920.10.
b) Whenever an individual's back pay award is
				accompanied by any additional amounts awarded as a penalty, those amounts are
				not considered wages and do not affect an individual's eligibility for benefits
				under this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.55 - Receipt Of Or Filing For Unemployment Insurance Benefits Under The Laws Of Another State, Canada, Or The United States

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual shall be ineligible to
				receive benefits with respect to any week or weeks for which such individual
				received unemployment insurance benefits under the laws of the United States,
				another state, or Canada.
b)
				Subject to subsection (c), an individual shall also be ineligible to receive
				benefits with respect to any week or weeks for which such individual is seeking
				unemployment insurance benefits under the laws of the United States, another
				state, or Canada.
c) An individual
				who is ineligible for benefits under subsection (b) becomes eligible to receive
				benefits with respect to any week or weeks for which such individual has sought
				benefits under the laws of the United States, another state, or Canada once the
				unemployment insurance administration agency of the United States, another
				state, or Canada where the individual's claim for benefits was filed makes a
				final determination that the individual is not entitled to receive unemployment
				insurance benefits under their laws.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.60 - Supplemental Unemployment Benefits (SUB Pay)

Current through Register Vol. 48, No. 28, July 12, 2024
Supplemental unemployment benefits paid or payable to
				  individuals laid off by an employer under a plan intended to augment
				  unemployment insurance benefits received under the Act shall not render the
				  individual to whom such supplemental benefits are paid or payable ineligible to
				  receive benefits, provided that all of the following conditions are
				  satisfied:
a) The individual is
				otherwise eligible to receive benefits under the Act; and,
b) Payment of supplemental benefits is made
				under a trust agreement or other contractual plan which grants the individual a
				vested right to receive these supplemental payments once the conditions set
				forth in the trust agreement or contractual plan have been satisfied;
				and,
c) The trust agreement or plan
				treats each individual of a class of employees similarly.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.65 - Retirement Pay

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the purposes
				of this Part, retirement pay is defined as any pension, annuity, or other
				similar payment made to an individual:
1)
				That is either paid or could have been paid on a periodic basis on account of
				the individual's separation from an employing unit; and
2) Under a plan maintained or contributed to
				by an organization or individual for whom the individual performed services
				during his or her base period or for which the organization or individual,
				including those that have elected to make payments in lieu of paying
				contributions, is chargeable for any benefit payments made to the individual,
				pursuant to Section 1502.1 of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.66 - Payments To An Election Judge

Current through Register Vol. 48, No. 28, July 12, 2024
The compensation paid to an election judge by a Board of
				  Elections constitutes remuneration for personal services and, therefore, must
				  be deducted from unemployment insurance benefits as provided in Section 402 of
				  the Act, and service as an election judge also constitutes bona fide work for
				  the purpose of Section 607 of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.68 - Payments by a Labor Union

Current through Register Vol. 48, No. 28, July 12, 2024
a) Payments
				made by a labor union to an individual for picketing at an employing unit's
				place of business or for conducting negotiations on behalf of the labor union
				are wages under Section 234 of the Act because the individual is performing a
				service for the labor union.
EXAMPLE: A labor union is engaged in a labor dispute with a
				  certain employer. Because this particular union represents only a small portion
				  of the employer's total work force and because of the vast size of the
				  employer's facility, it is not possible for the union's own members to set up a
				  meaningful picket line at this facility. For this reason, the union hires
				  non-members to assist in picketing the facility. Their remuneration constitutes
				  wages under Section 234 of the Act. However, the union does not pay its own
				  members for picketing; instead, they receive what is called "strike pay".
				  However, this is money that is available to members to sustain them during the
				  labor dispute and is not tied to the amount of time that they spend on the
				  picket line. This money is not wages under Section 234 of the Act.
b) Strike benefits or welfare fund
				payments made to members of a labor union during a labor dispute in order to
				sustain the members during the period of the dispute are not wages as they are
				not payments for services performed for the labor union.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.69 - Jury Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) Compensation
				paid for mandatory jury service (see 56 Ill. Adm. Code
				2732.210 )
				is not remuneration for personal services and, therefore, shall not constitute
				wages for the purpose of Section 402 of the Act nor shall mandatory jury
				service constitute bona fide work for the purpose of Section 607 of the
				Act.
b) Compensation paid for
				voluntary jury service, such as for a Coroner's jury, is remuneration for
				personal services and, therefore, does constitute wages for the purpose of
				Section 402 of the Act. Such voluntary service also constitutes bona fide work
				for the purpose of Section 607 of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.70 - Retirement Pay Considered Disqualifying Income

Current through Register Vol. 48, No. 28, July 12, 2024
a) The entire amount of payments made to an
				individual constituting retirement pay under Section
				2920.65 shall be
				considered disqualifying income if:
1) These
				payments are from any individual or organization that has paid all of the cost
				of the individual's retirement pay and:
A) for
				which the individual performed services during his or her base period
				or
B) that is chargeable under
				Section 1502.1 of the Act, including those organizations that have elected to
				make payments in lieu of paying contributions, for any benefit payments made to
				the individual; or,
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.80 - Miscellaneous Forms of Retirement Pay

Current through Register Vol. 48, No. 28, July 12, 2024
a) On the basis of the definitions and
				principles concerning retirement pay set out in Sections
				2920.65 and
				2920.70,
				an individual's receipt of payments from the following sources shall be
				considered 100% disqualifying income:
1) All
				profit sharing plans funded entirely by the individual or organization for whom
				the individual performed services that constitute retirement pay under Section
				2920.65;
2) All federal military
				service pensions if the United States military service paid wages to the
				individual during his or her base period;
3) All pensions under the Railroad Retirement
				Act of 1974 (45 USC 231-231t) if an organization covered under that Act paid
				wages to the individual during his or her base period.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2920 - DISQUALIFYING INCOME AND REDUCED BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2920.85 - Conformity With Federal Unemployment Tax Act

Current through Register Vol. 48, No. 28, July 12, 2024
In order to assure full state tax credit against the tax
				  imposed by the Federal Unemployment Tax Act, (
				  26
				  U.S.C. 3301 et seq) the rules relating to
				  retirement pay shall be interpreted in conformity with the requirements of the
				  Federal Unemployment Tax Act as interpreted by the U.S. Secretary of Labor or
				  other appropriate Federal agency.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2960 - GENERAL PROVISIONS › Section 2960.100 - Disclosure Of Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
			 labor market information obtained pursuant to the administration of the
			 Illinois Employment Service, including but not limited to information
			 concerning employment opportunities, employment levels and trends, and labor
			 supply and demand, may be published and released to applicants registered for
			 work by the Employment Service, to employing establishments, and to the public,
			 provided that the publication or release does not include information
			 identifiable to specific applicants or employing establishments.
b) An applicant registered for work by the
			 Employment Service, or an employing establishment, shall be supplied with
			 information obtained pursuant to the administration of the Employment Service
			 to the extent necessary for the proper and efficient performance of
			 recruitment, placement, employment counseling and other functions of the
			 Employment Service.
c) A claimant
			 for benefits, training allowance, or other payments under a State or federal
			 law relating to a system of unemployment insurance, vocational training or
			 trade readjustment allowances, or his or her duly authorized representative,
			 shall be supplied with information from the files and records of the Employment
			 Service to the extent necessary for the proper presentation of his or her claim
			 or the determination of his or her present or prospective rights to the
			 payments.
d) Information obtained
			 pursuant to the administration of the Employment Service shall be made
			 available to:
1) The United States Secretary
			 of Labor, or other appropriate federal agency administering the Social Security
			 Act (42 USC ch. 7), the Area Redevelopment Act, the Job Training Partnership
			 Act, the Trade Expansion Act of 1962 (
			 19 USC 1801
			 et seq.), the Workforce Innovation and Opportunity Act (
			 29 USC
			 3101 et seq.), any successor legislation to
			 any of the foregoing or any other federal Act relating to the vocational
			 training of unemployed or underemployed workers;
2) The Railroad Retirement Board;
3) The Internal Revenue Service of the United
			 States Department of the Treasury; and
4) The Department of Revenue of the State of
			 Illinois.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2960 - GENERAL PROVISIONS › Section 2960.115 - Disclosure Of Identifying Information For Job Orders Posted On The Internet

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 shall provide an individual with identifying information regarding an employing
			 establishment through an Internet-based labor exchange system if the employing
			 establishment agrees that the information may be disclosed and if the
			 information is obtained in the administration of the Employment Service and:
1) the Department maintains the system, and
			 the system indicates that the individual's qualifications match the
			 requirements for filling a job opening with the employing establishment;
			 or
2) the system is maintained by
			 an entity other than the Department, and the employing establishment has a job
			 opening posted on the system.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2960 - GENERAL PROVISIONS › Section 2960.120 - Disclosure of Information to One-Stop Partners

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall provide a one-stop partner under section
				121 of the federal Workforce Innovation and Opportunity Act with information
				obtained in the administration of the Employment Service, to the extent the
				partner is providing services through a one-stop delivery system in Illinois or
				participating in the operation of such a system in Illinois.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2970 - PERIODS OF EXTENDED BENEFITS › Section 2970.1 - Extended Benefit Period and High Unemployment Period During COVID-19 Pandemic

Current through Register Vol. 48, No. 28, July 12, 2024
As of the week beginning December 27, 2020, notwithstanding
				Section 409(A)(1) of the Act, the extended benefit period beginning May 24,
				2020 by virtue of the trigger specified in Section 409(A)(2)(b) of the Act
				being met remained in effect without lapse, and the high unemployment period
				beginning July 5, 2020 by virtue of the trigger specified in Section 409(F)(2)
				of the Act being met remained in effect without lapse. Thereafter, the extended
				benefit period as described above shall remain in effect through the third week
				after the first week for which the trigger specified in Section 409(A)(2)(b) of
				the Act is not met, and benefits payable under the high unemployment period
				remained in effect until February 20, 2021 under the trigger specified in
				Section 409(F)(2) of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5200 - JOINT RULES OF THE DEPARTMENT OF HUMAN RIGHTS AND THE HUMAN RIGHTS COMMISSION: HANDICAP DISCRIMINATION IN EMPLOYMENT

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is a joint rule of the Department of Human Rights and
				the Human Rights Commission. The text of this Part appears at 56 Ill. Adm. Code
				2500.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5210 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON SEX DISCRIMINATION IN EMPLOYMENT › Section 5210.10 - Purpose and Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
In this part, the Department of Human Rights and the Human
				Rights Commission set forth their interpretations of the provisions of Section
				2-102 of the Illinois Human Rights Act ("Act"), (Ill. Rev. Stat. 1983, ch. 68,
				par. 2-102), prohibiting discrimination in employment because of a person's
				sex. The prohibitions against sex discrimination in Section 2-102 apply to all
				units of State and local government in Illinois, to all private employers
				having contracts with the State or local governments, to all other private
				employers with fifteen or more employees, and to all employment agencies and
				labor organizations (see Sections 2-101(B), (C), and (D) of the Act, Ill. Rev.
				Stat. 1983, ch. 68, par. 2-101(B), (C) and (D)). Section 2-102 forbids covered
				employers to discriminate based on sex "with respect to Recruitment, Hiring,
				Promotion, Renewal of Employment, selection for training or apprenticeship,
				discharge, discipline, tenure or terms, privileges or conditions of
				employment". In addition to their obligations as employers, Section 2-102
				enjoins employment agencies and labor organizations from discriminating in
				classifying, referring, representing or otherwise servicing job applicants,
				bargaining unit members, and others. The following sections are the
				Department's and the Commission's Rules on the application of these
				prohibitions to various fact settings.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5210 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON SEX DISCRIMINATION IN EMPLOYMENT › Section 5210.20 - Recruiting

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is a
			 violation of the Act for an employer or employment agency to post or publish or
			 to place with any employment agency or publication a listing, advertisement or
			 request for referrals which directly or indirectly expresses a preference,
			 limitation or specification for persons of one sex, unless sex is a bona fide
			 occupational qualification for the job involved. The placement of an
			 advertisement for publication in a section or under a heading such as "Help
			 Wanted - Men" or "Help Wanted - Women" constitutes an expression of such a
			 preference, limitation or specification, and is therefore unlawful except when
			 sex is a bona fide occupational qualification. Advertisements using terms such
			 as "bus boy" or "girl friday" or other gender-specific titles to designate jobs
			 are also deemed to indicate sex preference. An employer or employment agency
			 which advertises under a name which indicates that it seeks applicants of one
			 sex only violates the Act unless it is clear from the advertisement as a whole
			 that applicants of both sexes are in fact solicited.
b) A newspaper, magazine or similar
			 publication aids and abets the commission of unlawful employment
			 discrimination, in violation of Section 6-101(B) of the Act, (Ill. Rev. Stat.
			 1983, ch. 68, par. 6-101(B)), when it publishes help-wanted advertisements in
			 sex-segregated columns or sections, or when it publishes such advertisements
			 using terminology suggesting that the positions for which applicants are sought
			 are restricted to or appropriate for persons of one sex only. This occurs when
			 such an advertisement is expressly addressed to persons of one sex (e.g.,
			 "mature man" or "attractive woman"), or where the ad utilizes a sex-specific
			 job title (e.g., "repairMAN" or "salesMAN"). There is no violation of the Act
			 if sex is a bona fide occupational qualification for the job in
			 question.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5210 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON SEX DISCRIMINATION IN EMPLOYMENT › Section 5210.30 - Employment Agencies and Referral Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any employment agency which restricts the
			 availability of its services or which maintains separate files, listings or
			 referral systems based on sex, is in violation of the Act except to the extent
			 that sex is a bona fide occupational qualification for the job
			 involved.
b) An employment agency
			 which accepts an order or request for referrals expressing a specification or
			 preference for persons of a particular sex, commits an unfair employment
			 practice unless sex is a bona fide occupational qualification for the job
			 involved.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5210 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON SEX DISCRIMINATION IN EMPLOYMENT › Section 5210.40 - Pre-Employment Inquiries

Current through Register Vol. 48, No. 28, July 12, 2024
An application form or other inquiry made of an applicant for
				employment or for membership in a labor organization or for an apprenticeship
				program which expresses directly or indirectly any preference, limitation or
				specification as to sex is unlawful unless sex is a bona fide occupational
				qualification for the position involved.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5210 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON SEX DISCRIMINATION IN EMPLOYMENT › Section 5210.50 - Discrimination in Compensation

Current through Register Vol. 48, No. 28, July 12, 2024
It is a violation of the Act for an employer and/or labor
				organization to discriminate based upon the sex of an employee, or the
				predominant sex of a group of employees, in negotiating or establishing the
				wages, benefits or other compensation to be made to such employee(s). An
				employer may not differentiate based on sex among employees performing the same
				or substantially the same work under like working conditions in fixing the
				employees' wages and benefits. The preceeding language shall not be construed
				to be an expression of the position of the Department or the Commission on
				whether it is a violation of the Act for an employer and/or labor organization
				to fail to accord comparable wages to positions which are comparable in worth
				or contribution to the enterprise, where the positions do not entail the same
				or substantially similar work, and where there is no evidence that
				considerations of sex influenced establishment of the wage
				levels.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5210 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON SEX DISCRIMINATION IN EMPLOYMENT › Section 5210.60 - Seniority Rosters and Lines of Progression

Current through Register Vol. 48, No. 28, July 12, 2024
It is a violation of the Act for an employer or labor
				organization to classify jobs by sex. It is also a violation of the Act to
				establish a system of classification, seniority or progression, even if sex is
				not mentioned, if the system operates as a form of classification by sex or
				impedes the advancement by persons of one sex into certain jobs unless the
				criteria involved in the classification scheme are bona fide occupational
				qualifications for jobs in question. It is not a violation for an employer
				and/or labor organization to maintain separate selection or eligibility lists
				for apprenticeship or other training programs, based upon sex, where necessary
				to observe the terms of a quota selection system duly imposed by a judicial or
				quasi-judicial ruling or a bona fide voluntary affirmative action program. In
				determining whether such voluntary affirmation action program is bona fide the
				facts to be considered shall include, but are not limited to:
a) Is the program designed to break down old
			 patterns of discrimination;
b) Does
			 the plan unnecessarily trammel the rights of other employees; and
c) Is the plan a temporary measure and
			 designed to remedy a minifest imbalance.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5210 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON SEX DISCRIMINATION IN EMPLOYMENT › Section 5210.70 - Bona Fide Occupational Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
a) Section 2-104(A) of the Act, (Ill. Rev.
			 Stat. 1983, ch. 68, par. 2-104(A)), provides that it is not a violation for an
			 employer, employment agency or labor organization to discriminate based on a
			 criterion which constitutes a bonafide occupational qualification (BFOQ) for
			 the particular job. This exemption is narrowly construed, and the person
			 claiming the exemption bears the burden of establishing that it is available in
			 the particular instance. A BFOQ is properly applied as an exclusion of an
			 entire class of individuals on the basis of a standard that is necessary for
			 safe and efficient job performance.
b) The following are examples of instances in
			 which sex cannot constitute a BFOQ:
1) the
			 refusal to select an individual for a position based on assumptions as to the
			 comparative employment characteristics between sexes, e.g., the assumption that
			 the turnover rate among women is higher than among men, or that women are less
			 willing to work overtime.
2) the
			 refusal to select an individual for a position based on a characterization
			 attributed generally to members of either sex. Such characteristics may
			 include, e.g., the belief that women are less capable of aggressive sales or
			 less suited for physical labor, or that men are less adept at jobs requiring
			 manual dexterity.
3) the refusal to
			 select an individual because the preferences of co-workers, clients or
			 customers run toward persons of a particular sex, or the custom or tradition
			 has been to employ persons of a particular sex.
4) the refusal to select an individual
			 because the employer may have to provide separate facilities for a person of
			 the opposite sex, unless the expense would be clearly unreasonable, taking into
			 consideration, among other factors, the cost involved, the nature of the
			 employer's operation and the employer's ability to pay.
5) the refusal to select a woman for a
			 position based on the belief that women with children should not work or are
			 less reliable employees.
6) the
			 refusal to select a woman for a position based on the fear that pregnancy may
			 in the future render her unable to work.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5210 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON SEX DISCRIMINATION IN EMPLOYMENT › Section 5210.80 - Marital, Parental Status

Current through Register Vol. 48, No. 28, July 12, 2024
An employer's rule or policy which restricts the employment
				opportunities of married women but not of married men discriminates against
				women because of sex in violation of the Act. Similarly, a rule or policy which
				restricts the employment opportunities of women (married or unmarried) with
				minor children, discriminates against women in violation of the
				Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5210 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON SEX DISCRIMINATION IN EMPLOYMENT › Section 5210.90 - Fringe Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Fringe
			 benefits, as used herein, includes medical, hospital, accident, life insurance,
			 disability, pension and retirement benefits; profit sharing and bonus plans;
			 leaves of absence; and other terms, conditions and privileges of
			 employment.
b) It is a prima facie
			 violation of the Act for an employer or labor organization to offer, contract
			 for, or participate in a fringe benefit program which discriminates, or has the
			 effect of discriminating, among employees or members on the basis of
			 sex.
c) A pension or retirement
			 plan which establishes different entrance ages or different optional or
			 compulsory retirement ages based on sex, or which differentiates in employee or
			 member contributions or benefits on the basis of sex, violates the
			 Act.
d) It is not a defense under
			 the Act to a charge of sex discrimination in fringe benefits that the cost of
			 such benefits may be greater with respect to one sex than the other.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5210 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON SEX DISCRIMINATION IN EMPLOYMENT › Section 5210.100 - Memberships in Private Clubs

Current through Register Vol. 48, No. 28, July 12, 2024
An employer which maintains a practice of purchasing,
				reimbursing or subsidizing memberships for any of its employees in private
				clubs must ensure that the practice is followed consistently among employees
				without regard to sex. An employer may not purchase, reimburse or subsidize an
				employee's membership in a club which limits its memberships based upon sex if
				the practice results in any disparity in overall professional status,
				advancement opportunities, or total compensation based upon
				sex.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5210 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON SEX DISCRIMINATION IN EMPLOYMENT › Section 5210.110 - Pregnancy, Childbirth and Childrearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A written or unwritten policy or practice
			 which excludes from employment applicants or employees because of pregnancy is
			 a violation of the Act, unless the employee's pregnancy renders her physically
			 unable to be trained for or to perform the duties of the position in question.
			 If is also a violation for an employer to discharge an employee because she
			 becomes pregnant.
b) Temporary
			 disability resulting from pregnancy, miscarriage, abortion, childbirth and
			 recovery therefrom must be considered by an employer offering leaves for other
			 temporary disabilities to be a justification for a leave of absence for a
			 female employee. The term and conditions of pregnancy-related disability leaves
			 of absence may not be more restrictive, and need not be more generous, than
			 those applied to disability leaves for other purposes.
c) Non-disability leaves of absence for the
			 purpose of childrearing shall be granted on the same terms and conditions
			 applied to other non-disability leaves of absence. An employer's policy or
			 practice regarding leaves for childrearing must be applied equally to male and
			 female employees.
d) Illness or
			 disability caused or contributed to by pregnancy, miscarriage, abortion,
			 childbirth, and recovery therefrom must be treated as any other temporary
			 disability under a disability or medical benefit plan available in connection
			 with employment. Policies and practices involving matters such as the
			 commencement and duration of leave, the availability of extensions, the accrual
			 of seniority and other benefits and privileges, and payment under any wage loss
			 or insurance plan, must be applied to disability due to or related to pregnancy
			 or childbirth on the same terms and conditions as they are applied to other
			 temporary disabilities.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5215 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT

Current through Register Vol. 48, No. 28, July 12, 2024
The text of this Joint Rule appears at 56 Ill. Adm. Code
				2535.
AUTHORITY: Implementing Sections 2-102(I), (J) and (K), and
				authorized by Sections 7-101(A) and 8-102(E) of, the Illinois Human Rights Act
				[775 ILCS 5/2-102, 7 -101 and 8-102].
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5220 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND THE DEPARTMENT OF HUMAN RIGHTS: NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT › Section 5220.100 - Definition of National Origin Discrimination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Under section 1-103(K) of the Illinois
			 Human Rights Act, Ill. Rev. Stat. 1985, ch. 68, par. 1-103(K), "national
			 origin" means - "...the place in which a person or one of his or her ancestors
			 was born."
b) An individual has
			 been discriminated against on the basis of "national origin" if the individual
			 has been denied equal employment opportunity because of national origin or
			 because the individual has physical, cultural or linguistic characteristics or
			 a name which identifies that person's national origin.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5220 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND THE DEPARTMENT OF HUMAN RIGHTS: NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT › Section 5220.200 - Unlawful Considerations

Current through Register Vol. 48, No. 28, July 12, 2024
A person is the victim of "unlawful discrimination" on the
				basis of national origin if the person is discriminated against because of
				animosity directed towards individuals of a particular national origin group. A
				person need not be a member of the national origin group in order to be
				protected under the Illinois Human Rights Act, Ill. Rev. Stat. 1985, ch. 68,
				par. 1-101 et seq.; "the Act". The following subsections provide examples of
				the rule:
a) An individual is
			 protected by the Human Rights Act if he or she is discriminated against because
			 of marriage to or association with persons of a national origin
			 group.
b) An individual is
			 protected by the Human Rights Act if he or she is discriminated against because
			 his or her name or spouse's name is associated with a national origin
			 group.
c) An individual is
			 protected by the Human Rights Act if he or she is discriminated against because
			 of membership in schools, churches, temples, or mosques generally used by
			 persons of a national origin group and the discriminatory action is motivated
			 by the connection between the school, church temple, or mosque and the national
			 origin group.
d) An individual is
			 protected by the Human Rights Act if he or she is discriminated against because
			 of membership in, or association with, an organization identified with or
			 seeking to promote the interests of a national origin group, and the
			 discriminatory action is motivated by the connection between the organization
			 and the national origin group.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5220 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND THE DEPARTMENT OF HUMAN RIGHTS: NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT › Section 5220.300 - The Bona Fide Qualification Exception

Current through Register Vol. 48, No. 28, July 12, 2024
The exemption stated in section 2-104(A) of the Human Rights
				Act, which allows discrimination if national origin is a bona fide occupational
				qualification will be strictly construed. The burden is on the employer to
				prove that no person of a particular national origin can perform the job in an
				acceptable manner.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5220 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND THE DEPARTMENT OF HUMAN RIGHTS: NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT › Section 5220.400 - Citizenship Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
In those circumstances where citizenship requirements have the
				purpose or effect of discriminating against an individual on the basis of
				national origin, they are prohibited by the Human Rights Act.