reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 360 - RIGHT TO PRIVACY IN THE WORKPLACE ACT › Subpart B - INVESTIGATION OF CLAIMS UNDER THE ACT › Section 360.130 - Scheduling and Notice of Informal Investigative Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the Department is unable to resolve a
				dispute upon review of the information submitted by the parties, the Department
				may schedule an informal investigative conference before a Hearing Officer. The
				Department conducts conferences to obtain further information; to determine if
				there is a violation of the Act; and to attempt to resolve the matter
				equitably.
b) A written notice of
				conference shall be sent to the parties not less than 10 days prior to the date
				of the conference.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 360 - RIGHT TO PRIVACY IN THE WORKPLACE ACT › Subpart B - INVESTIGATION OF CLAIMS UNDER THE ACT › Section 360.140 - Issuance of Administrative Subpoena

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may issue an administrative subpoena to compel
				  the attendance of a party or witness and/or the production of documents upon
				  the Department's determination that the information to be produced by a
				  subpoena is necessary and relevant to the Department's investigation and that
				  the Department cannot obtain the information by any other reasonable
				  means.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 360 - RIGHT TO PRIVACY IN THE WORKPLACE ACT › Subpart B - INVESTIGATION OF CLAIMS UNDER THE ACT › Section 360.150 - Application of the Rules of Evidence, Pleading or Procedure in an Investigative Conference

Current through Register Vol. 48, No. 28, July 12, 2024
When a Hearing Officer makes an investigation or conducts a
				  conference, the Hearing Officer is not bound either by the rules of evidence or
				  by any technical or formal rules of pleading or procedure.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 360 - RIGHT TO PRIVACY IN THE WORKPLACE ACT › Subpart B - INVESTIGATION OF CLAIMS UNDER THE ACT › Section 360.160 - Attorneys and Witnesses in Investigative Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
A party may be accompanied at an investigative conference by
				  his/her attorney, and by a translator, if necessary. The parties may bring
				  witnesses to the conference, but the Hearing Officer shall decide what
				  witnesses shall be heard and in what order. The Hearing Officer may exclude
				  witnesses from the conference when they are not giving testimony. The Hearing
				  Officer shall conduct and control the proceedings. No tape recordings,
				  stenographic report or other verbatim record of the conference shall be
				  made.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 360 - RIGHT TO PRIVACY IN THE WORKPLACE ACT › Subpart B - INVESTIGATION OF CLAIMS UNDER THE ACT › Section 360.170 - Disruptive Conduct at Investigative Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
If any person becomes so disruptive or abusive that a full
				  and fair conference cannot be conducted, the Hearing Officer shall exclude the
				  person from the conference. The Hearing Officer, in his/her discretion, may
				  take any of the following actions: continue the conference without the
				  participation of the excluded individual; render a decision based upon the
				  evidence previously presented; dismiss the employee's claim, or strike the
				  employer's response.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 360 - RIGHT TO PRIVACY IN THE WORKPLACE ACT › Subpart B - INVESTIGATION OF CLAIMS UNDER THE ACT › Section 360.180 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
Parties shall be prepared to proceed at the conference. A
				  request by one party for a continuance will be granted prior to the conference
				  only if the other party agrees and the Hearing Officer grants permission.
				  Otherwise, a request for a continuance must be made in person to the Hearing
				  Officer at the time of the conference and will be granted only upon a showing
				  of good cause.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 365 - STATEWIDE DISPLACED HOMEMAKERS PROGRAM › Section 365.10 - Scope and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
It is the purpose of this rulemaking to develop rules and
				regulations for funding and administration of the Displaced Homemakers
				Assistance Act. These rules and regulations will ensure maximum and efficient
				utilization of appropriated General Revenue Funds for the program in the State
				of Illinois.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 365 - STATEWIDE DISPLACED HOMEMAKERS PROGRAM › Section 365.20 - Policy and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
The policy of the Department of Labor will be to develop
				programs, funded through General Revenue appropriations, that will implement,
				expand, and enhance services to displaced homemakers throughout the State.
				These programs will assist displaced homemakers through:
a) personalized counseling and
			 referral,
b) workshops for
			 assessment of skills and career orientation,
c) assistance in writing resumes and
			 acquiring other preoccupational skills,
d) skill training for employment,
e) job placement assistance, and
f) any method likely to improve the
			 employability of the displaced homemaker.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 365 - STATEWIDE DISPLACED HOMEMAKERS PROGRAM › Section 365.30 - Use of Funds

Current through Register Vol. 48, No. 28, July 12, 2024
Funds from General Revenue appropriations will be used for
				administration, wages, materials, tuition, and other expenses that are
				necessary costs of the Displaced Homemakers Program.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 365 - STATEWIDE DISPLACED HOMEMAKERS PROGRAM › Section 365.40 - Duration of Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grants will
			 be effective during the appropriate state fiscal year which begins July 1, and
			 will have a termination date of June 30, the last day of the same Fiscal
			 Year.
b) If any funds remain
			 uncommitted at the end of the state fiscal year, such funds shall be returned
			 by check to the State of Illinois.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 365 - STATEWIDE DISPLACED HOMEMAKERS PROGRAM › Section 365.50 - Eligible Target Group

Current through Register Vol. 48, No. 28, July 12, 2024
a) The target
			 group is displaced homemakers, to which assistance is necessary for them to be
			 able to become independent and to gain economic security. In Section 3 of the
			 Displaced Homemakers Assistance Act [20 ILCS
			 615/3 ], a displaced homemaker is defined as follows:
"Displaced homemaker" means a person who (1) has worked in the
				home for a substantial number of years providing unpaid household services for
				family members; (2) is not gainfully employed; (3) has difficulty in securing
				employment; and (4) was dependent on the income of another family member but is
				no longer supported by such income, or was dependent on federal assistance but
				is no longer eligible for such assistance.
b) The Department of Labor intends General
			 Revenue Funds to be used to provide services to displaced homemakers,
			 particularly in the areas of job training and job placement. The displaced
			 homemaker, in order to be eligible to receive tuition-paid training through the
			 program, must show a financial inability to pay tuition. Financial inability
			 will be determined by a sliding fee scale based on income. The sliding fee
			 scale will be developed by each Displaced Homemakers Center, subsequently
			 approved by the Department of Labor. The Department will provide a sample which
			 is reasonable. Tuition and stipends will be awarded only on a financial need
			 basis and amounts will vary with the area according to costs of community
			 college classes and other education or training available.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 365 - STATEWIDE DISPLACED HOMEMAKERS PROGRAM › Section 365.60 - Eligible Organizations for Funding

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Labor may fund, for the purpose of the
				General Revenue funded Displaced Homemakers Program, not-for-profit
				corporations, community organizations, State and private colleges and
				universities. Only those organizations which have demonstrated that they are
				currently providing services to displaced homemakers will be funded through
				this Displaced Homemakers Program.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 365 - STATEWIDE DISPLACED HOMEMAKERS PROGRAM › Section 365.70 - Availability of Information to the Public

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Labor shall make available to the public a
				copy of this Part for participation in the Displaced Homemakers Program.
				Requests For Proposals (RFPs) will be mailed to organizations on a solicitation
				list of potential providers, maintained by the Department of Labor and kept
				up-to-date by new names and addresses being added upon request. The public
				shall have the right to inspect published State rules on program and
				administrative requirements for funding and operation of the Displaced
				Homemakers Program. This Part will be available at the Department of Labor's
				Chicago office.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 365 - STATEWIDE DISPLACED HOMEMAKERS PROGRAM › Section 365.80 - Application Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department of Labor shall make RFPs describing proposed projects before
			 awarding of funds. RFPs will be issued in May in order that programs can start
			 up on July 1.
b) Consistent with
			 the RFP process, when funds become available, a deadline is established for the
			 submission of proposals. It takes approximately three weeks after the deadline
			 for submission of proposals for the proposals to be reviewed, for
			 recommendations for funding to be made and confirmed by the Director of the
			 Department of Labor, and for the applicants to be notified of approval or
			 denial of applications (proposals).
c) The RFP shall require any organization or
			 agency applying for funds to provide the following information in the proposal
			 (application):
1) Cover Page
A) Name of project
B) Name of organization or agency submitting
			 proposal
C) Date of submission of
			 proposal
D) Contact
			 person
E) Mailing address
F) Telephone number
G) Total amount of funds requested
H) Starting and ending dates of
			 program
I) Signatures of authorized
			 representatives
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 365 - STATEWIDE DISPLACED HOMEMAKERS PROGRAM › Section 365.90 - Internal Review Procedure for Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a) All proposals submitted for funding shall
			 be reviewed by the Department of Labor, according to criteria, rules, and
			 regulations set forth in Section
			 365.30, Use of Funds,
			 and Section
			 365.80,
			 Application Process.
b) Upon
			 completion of the review by the Department of Labor, a preliminary
			 recommendation for approval or disapproval will be made. The preliminary
			 recommendation shall then be forwarded to the Director of Labor who will make
			 the final decision to approve or disapprove a particular program. All
			 applicants shall be notified of approval or denial of proposed programs under
			 the Displaced Homemakers Program. A contract will be signed between the
			 Department and the successful applicant, setting forth all terms of the funded
			 program, including, but not limited to, the requirements of Section 365.80,
			 Application Process, and Section
			 365.100,
			 Record Maintenance and Reporting Requirements.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 365 - STATEWIDE DISPLACED HOMEMAKERS PROGRAM › Section 365.100 - Record Maintenance and Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grantees will be required to submit the
			 following reports:
1) Monthly and quarterly
			 progress reports.
2) Final program
			 evaluation report within 90 days after the end of the project.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 365 - STATEWIDE DISPLACED HOMEMAKERS PROGRAM › Section 365.110 - Monitoring and Evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department of Labor may monitor and evaluate all grants made to eligible
			 grantees through the Displaced Homemakers Program. Grant programs will be
			 monitored for compliance with this Part. The right to make unannounced
			 monitoring visits during the duration of the grant is reserved.
b) If, during a visit, problems are
			 discovered, the Department would provide technical assistance and attempt to
			 rectify the situation. In the event that the program could not be brought up to
			 standard, the Department would be compelled to consider discontinuance of the
			 program.
c) Programs will be
			 evaluated for effectiveness of the program and for benefit to displaced
			 homemakers and to the State. The effectiveness of a program will be judged
			 according to how nearly the program completes the objectives and reaches the
			 goals outlined in the signed agreement. Evaluations will occur both during the
			 operation of the program and upon its completion.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 365 - STATEWIDE DISPLACED HOMEMAKERS PROGRAM › Section 365.120 - Non-Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 shall determine under this Part whether a program might not be in compliance
			 with the goals and objective outlined in the signed grant agreement. The
			 Department would give written notice to the grantee specifying the nature of
			 the deficiency and giving the grantee 30 calendar days in which to:
1) cure the defect;
2) commence to implement a plan of corrective
			 action consented to by the Department; or
3) file an objection to the Department's
			 finding of deficiency.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 700 - COLLECTION AND REFUND (RECODIFIED)

Current through Register Vol. 48, No. 28, July 12, 2024
AUTHORITY: Implementing Section 605-1045 and authorized by
				Sections 605-1045(a), 605- 1045(c) of the Local Coronavirus Urgent Remediation
				Emergency (or Local CURE) Support Program [20 ILCS
				605/605-1045].
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2500 - JOINT RULES OF THE DEPARTMENT OF HUMAN RIGHTS AND THE HUMAN RIGHTS COMMISSION: DISABILITY DISCRIMINATION IN EMPLOYMENT › Section 2500.10 - Purpose and Coverage

Current through Register Vol. 48, No. 28, July 12, 2024
This Part interprets the provisions of Section 2-102 of the
				Illinois Human Rights Act (Act) prohibiting discrimination in employment
				against persons with disabilities. For purposes of the prohibition against
				disability discrimination, Section 2-102 applies to all units of State and
				local government in Illinois, to all private firms employing one or more
				individuals, and to all employment agencies and labor organizations (see
				Section 2-101(B), (C) and (D) of the Act).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2500 - JOINT RULES OF THE DEPARTMENT OF HUMAN RIGHTS AND THE HUMAN RIGHTS COMMISSION: DISABILITY DISCRIMINATION IN EMPLOYMENT › Section 2500.20 - What Constitutes a "Disability"

Current through Register Vol. 48, No. 28, July 12, 2024
a) Statutory Definition - According to
			 Section 1-103(I) of the Act, the term "disability" in employment contexts means
			 a determinable physical or mental characteristic of a person, including but not
			 limited to a determinable physical characteristic which necessitates the
			 person's use of a guide or hearing dog, the history of such characteristic, or
			 the perception of such characteristic by the person complained against, which
			 may result from disease, injury, congenital condition of birth or functional
			 disorder and which characteristic is unrelated to the person's ability to
			 perform the duties of a particular job or position. This Section, together with
			 Section
			 2500.30,
			 interprets the various clauses within this definition.
b) Determinable Physical or Mental
			 Characteristic
1) The definition is not
			 confined to only those physical and mental conditions that are grave or extreme
			 in nature. However, it is interpreted as excluding:
A) conditions that are transitory and
			 insubstantial; and
B) conditions
			 that are not significantly debilitating or disfiguring.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2500 - JOINT RULES OF THE DEPARTMENT OF HUMAN RIGHTS AND THE HUMAN RIGHTS COMMISSION: DISABILITY DISCRIMINATION IN EMPLOYMENT › Section 2500.30 - Who is Protected Against Disability Discrimination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Section 1-103(I) of the Act provides that
			 a person is protected against discrimination if he/she
1) is currently exhibiting a condition that
			 constitutes a "disability";
2) has
			 a history of exhibiting such a condition; or
3) is perceived by an employer, employment
			 agency or labor organization as being or having exhibited such a
			 condition.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2500 - JOINT RULES OF THE DEPARTMENT OF HUMAN RIGHTS AND THE HUMAN RIGHTS COMMISSION: DISABILITY DISCRIMINATION IN EMPLOYMENT › Section 2500.40 - Reasonable Accommodation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Requirement - Employers and labor organizations must make reasonable
			 accommodation of the known physical or mental limitations of otherwise
			 qualified disabled applicants or employees, unless the employer or labor
			 organization can demonstrate that accommodation would be prohibitively
			 expensive or would unduly disrupt the ordinary conduct of business. Whether an
			 accommodation would be prohibitively expensive or disruptive will involve
			 weighing its cost and inconvenience against the immediate and potential
			 benefits of providing it, when the immediate benefit is facilitation of the
			 disabled person's employment and the potential benefits include facilitating
			 access by other disabled employees, applicants, clients and customers.
			 Accommodation may include: alteration of the facility or work site;
			 modification of work schedules or leave policy; acquisition of equipment; job
			 restructuring; provision of readers or interpreters; and other similar
			 actions.
b) Exceptions -
			 Accommodations of a personal nature (e.g., eyeglasses or hearing aids) need not
			 be provided, nor is it necessary to provide any superfluous accommodation
			 (e.g., provision of a chauffeur to accommodate a blind person's traveling
			 difficulties). No employer is required to hire two full time employees to
			 perform one job in order to accommodate a disabled individual.
c) Employee's Burden - It is the duty of the
			 individual seeking an accommodation to apprise the employer or labor
			 organization involved of the employee's disabling condition and submit any
			 necessary medical documentation. The individual must ordinarily initiate the
			 request for accommodation and must cooperate in any ensuing discussion and
			 evaluation aimed at determining the possible or feasible
			 accommodations.
d) Employer's or
			 Labor Organization's Burden - Once a disabled individual has initiated a
			 request for accommodation, or if a potential accommodation is obvious in the
			 circumstances, it is the duty of the employer or labor organization involved to
			 provide the necessary accommodation in conformance with subsection (a). In
			 response to a discrimination charge involving a refusal to provide an
			 accommodation, an employer or labor organization must show that the disabled
			 individual would be unqualified even with accommodation, that the accommodation
			 would be prohibitively expensive or would unduly disrupt the conduct of
			 business, or that the accommodation would constitute an exception as described
			 in subsection (b).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2500 - JOINT RULES OF THE DEPARTMENT OF HUMAN RIGHTS AND THE HUMAN RIGHTS COMMISSION: DISABILITY DISCRIMINATION IN EMPLOYMENT › Section 2500.50 - Bona Fide Occupational Qualification

Current through Register Vol. 48, No. 28, July 12, 2024
Section 2-104(A) of the Act prescribes that it is not a
				violation for an employer, employment agency or labor organization to
				discriminate based on a criterion which constitutes a bona fide occupational
				qualification (BFOQ) for a 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 or efficient job performance. If an
				employer or employment agency can demonstrate that all persons with a
				particular physical or mental condition would be incapable of performing a
				specific job in a safe or efficient manner, the BFOQ exception to the Act may
				be invoked. Some examples of BFOQs for specific positions are as follows: sight
				for a school crossing guard; speech for a radio announcer; and hearing for an
				air traffic controller. Freedom from any condition which merely presents a risk
				of future injury cannot qualify as a BFOQ. If an individual can perform the
				position in question safely and efficiently with a reasonable accommodation, a
				BFOQ defense to a charge of discrimination cannot be
				established.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2500 - JOINT RULES OF THE DEPARTMENT OF HUMAN RIGHTS AND THE HUMAN RIGHTS COMMISSION: DISABILITY DISCRIMINATION IN EMPLOYMENT › Section 2500.60 - Pre-Employment Inquiries and Examinations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inquiries - An employer, employment agency
			 or labor organization may not require a job applicant to list or disclose all
			 disabling conditions that the applicant is exhibiting. However, it is not a
			 violation of the Act for an employer, employment agency or labor organization
			 to inquire, uniformly of all applicants for employment, referral or admission
			 to an apprenticeship or other training program, whether they have physical or
			 mental disabilities that may impair their abilities to acceptably perform the
			 required duties or to successfully complete the apprenticeship or training
			 programs.
b) Examinations - An
			 employer, employment agency or labor organization may require all applicants
			 who have been found otherwise qualified for selection to submit to
			 pre-employment physical or psychological examinations for the purpose of
			 determining whether applicants are capable of acceptably performing the
			 activities necessary to the job or training at issue. Examinations may also be
			 utilized to ascertain the nature of any accommodation needed to enable the
			 applicant to perform acceptably, but not to disqualify applicants who are
			 revealed as having a condition or characteristic presenting a risk of future
			 injury. Pre-employment physical or psychological examinations may be conducted
			 prior to the stage at which applicants are evaluated as otherwise fully
			 qualified if the practice is followed consistently with all applicants, and if
			 it can be demonstrated that each subsequent evaluative procedure is more
			 expensive or burdensome than the physical or psychological examination. In all
			 events, however, the results of any pre-employment examination must be made
			 available to the applicant, upon request.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2510 - DISCRIMINATION IN EMPLOYMENT BASED ON UNFAVORABLE MILITARY DISCHARGE › Section 2510.10 - Scope and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This regulation construes in two respects the provisions of the
				Human Rights Act prohibiting discrimination in employment based on an
				individual's "unfavorable military discharge." It first prescribes a caveat
				with regard to the statutory definition of "unfavorable military discharge,"
				addressing a potential inconsistency in the terms of that definition. Secondly,
				it construes the exemption from the prohibition which applies where the
				employment "involves the exercise of fiduciary responsibilities as defined by
				rules and regulations" of the Department.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2510 - DISCRIMINATION IN EMPLOYMENT BASED ON UNFAVORABLE MILITARY DISCHARGE › Section 2510.20 - Statutory Prohibition

Current through Register Vol. 48, No. 28, July 12, 2024
Section 2-102 of the Illinois Human Rights Act (Ill. Rev. Stat.
				1981, ch. 68, pars. 2-102), prohibits discrimination in employment in Illinois
				by employers, labor organizations and employment agencies. Under Section
				1-103(Q) of the Act, unlawful discrimination includes discrimination based upon
				a person's "unfavorable discharge from military service." Section 1-103(P) of
				the Act defines an unfavorable military discharge as encompassing any
				discharge, from any component of the United States military service, which is
				less than honorable but not "Dishonorable." A person who has received a
				military discharge falling within those parameters may not, as a result
				thereof, be subjected to discrimination except as permitted in an exemption to
				the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2510 - DISCRIMINATION IN EMPLOYMENT BASED ON UNFAVORABLE MILITARY DISCHARGE › Section 2510.30 - Caveat; RE Codes

Current through Register Vol. 48, No. 28, July 12, 2024
In defining what constitutes an "unfavorable military
				discharge" for purposes of the above prohibition, Section 1-103(P) of the Act
				indicates that the term includes discharges...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.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2510 - DISCRIMINATION IN EMPLOYMENT BASED ON UNFAVORABLE MILITARY DISCHARGE › Section 2510.40 - Exemption for Employment Involving Fiduciary Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
Section 2-104(C) of the Human Rights Act (Ill. Rev. Stat. 1981,
				ch. 68, par 2-104(C)), provides that 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 which the Department shall adopt. 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" within the meaning of Section
				2-104(C).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart A - INTERPRETATIONS › Section 2520.10 - Definition of Terms

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Part, the following terms shall have the
				  meanings indicated:
Act - the Illinois Human Rights Act [775 ILCS 5 ].
Charge - an allegation of a civil rights violation filed with
				  or initiated by the Department, and with regard to Subpart F, one filed with a
				  local human rights agency.
Chief Legal Counsel - the Chief Legal Counsel of the
				  Department or a duly authorized designee.
Commission - the Illinois Human Rights Commission or, where
				  appropriate, a panel of three Commissioners.
Complainant - a person who files a charge or a complaint,
				  including the Department in the case of a charge initiated by the
				  Department.
Complaint - a written complaint for hearing filed with the
				  Commission.
Days - calendar days.
Department - the Department of Human Rights.
Director - the Director of the Department or a duly
				  authorized designee.
Local Agency - any department, commission or other
				  instrumentality of a municipality or other political subdivision of the State
				  of Illinois, or of two or more such political subdivisions acting jointly,
				  which is duly established to serve purposes consistent with those of the
				  Act.
Party - the complainant or respondent.
Person - an entity as described in Section 1-103 of the Act
				  [775 ILCS
				  5/1-103 ].
Request for Review - as to charges filed with the Department
				  before January 1, 2008, an appeal filed with the Chief Legal Counsel as
				  described in Section 7A-102(D)(3) of the Act before passage of PA 95-243
				  [775 ILCS
				  5/7A-102(D)(3) ]. As to charges filed
				  with the Department on or after January 1, 2008, an appeal filed with the
				  Commission as described in Section 7A-102(D)(3) of the Act.
Respondent - a person against whom a charge or complaint is
				  filed.
Unlawful Discrimination - any form of discrimination
				  prohibited under the Act or under a local ordinance administered by a local
				  agency.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart A - INTERPRETATIONS › Section 2520.20 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
To compute any period of time provided for under the Act, the
				  date of any act, event, service or default from which such period of time
				  begins to run shall not be included. When the last day of any such period falls
				  on a Saturday, Sunday or legal State holiday, such time period shall continue
				  to run until the end of the next day which is not a Saturday, Sunday, or legal
				  State holiday. Whenever a time period commences upon a person's receipt of
				  service or notice, and service is by mail, receipt shall be presumed to occur
				  on the fifth day after mailing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart A - INTERPRETATIONS › Section 2520.30 - Service of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) Manner
				of Service. Unless otherwise provided, all documents required to be served
				under the Act or this Part shall be served personally, by telefax, by
				electronic service, by U.S. mail, or by private delivery service.
b) Proof of Service. When service on the
				Department is required, proof of service shall be filed with the Department
				consisting of the verified statement of the individual making service,
				specifying the title of the document, manner and date of service.
c) Effective Date of Service
1) Service by mail shall be deemed complete
				five days after mailing of the document, properly addressed and posted for
				delivery to the person to be served.
2) Service by telefax or electronic service
				shall be deemed complete when transmitted, regardless of when the recipient
				opens or reads the electronic communication, properly addressed to the person
				to be served. Telefax or electronic service served on a Saturday, Sunday or
				legal state holiday are deemed served on the following business day.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart A - INTERPRETATIONS › Section 2520.40 - Filing with the Department

Current through Register Vol. 48, No. 28, July 12, 2024
Documents required to be filed with the Department will be
				  deemed filed when received, if hand-delivered, telefaxed, or electronically
				  submitted. An item delivered by the U.S. Postal Service will be deemed to have
				  been filed when postmarked, properly addressed and posted for delivery. An item
				  delivered by a private delivery service will be deemed to have been filed on
				  the date sent as indicated on the label, or in the absence of such a date on
				  the label, will be deemed filed on the date received. An item submitted
				  electronically will be deemed to have been filed on the date received by the
				  Department's electronic communication system, unless it is submitted on a
				  Saturday, Sunday or legal State holiday, in which case, it is deemed filed on
				  the following business day.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart A - INTERPRETATIONS › Section 2520.50 - Separability

Current through Register Vol. 48, No. 28, July 12, 2024
In the event any provision or term of this Part, or any
				  amendment thereto, is determined by a court or other authority of competent
				  jurisdiction to be invalid, such determination shall not affect the remaining
				  provisions which shall continue in full force and effect.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart A - INTERPRETATIONS › Section 2520.110 - Preservation of Records by Employers, Labor Organizations, Employment Agencies and Respondents

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Employers subject to the Act shall preserve and maintain the following records,
				to the extent that they may exist, for the periods indicated herein:
1) 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 a period of one year from the date of application;
2) Each employee's personnel file, including
				performance evaluations, attendance/tardiness records, reprimands and
				disciplinary records, and suspension, lay-off, termination or resignation
				records, for a period of one year from the date of such employee's termination
				or separation from employment;
3)
				Job descriptions, production standards, and other records of required job
				duties, qualifications and performance criteria, for a period of one year
				following the date the same cease to be effective.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart B - CHARGE › Section 2520.330 - Contents

Current through Register Vol. 48, No. 28, July 12, 2024
A charge shall be in such detail as to substantially apprise
				  parties of the time, place and facts with respect to the alleged civil rights
				  violation. The charge shall contain the following:
a) the full name and address of the
				complainant; however, upon request of complainant or respondent and with
				agreement of the Department, the name of complainant will not be released to
				the public;
b) the full name and
				address of each respondent;
c) a
				statement of the facts alleged to constitute a prima facie case of a civil
				rights violation, including the date, time, and place of the
				violation;
d) a statement of each
				specific harm the complainant has suffered as a consequence of the alleged
				civil rights violation; and
e)
				complainant's signature notarized under oath or affirmation or verified by
				certification (as required by Sections 7A-102(a)(1) and 7B-102(a)(1) of the
				Act) stating:
Under penalties as provided by law pursuant to
				  Section 1-109 of the Code of Civil Procedure, the undersigned certifies that
				  the statements set forth in this instrument are true and correct, except as to
				  matters therein stated to be on information and belief and as to such matters
				  the undersigned certifies as aforesaid that he verily believes the same to be
				  true.
[735 ILCS/5/1-109]
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart B - CHARGE › Section 2520.350 - Unperfected Charge

Current through Register Vol. 48, No. 28, July 12, 2024
In the event the Department receives a written statement from
				  an individual which complies substantially with Section
				  2520.330 of this Part,
				  the Department may accept and docket the statement (or a refined version of it)
				  as an unperfected charge. The Department shall notify the complainant in
				  writing of the elements which must be supplied. If the complainant fails or
				  refuses to perfect the charge as specified, the charge may be dismissed
				  pursuant to Section
				  2520.560 if this
				  Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart B - CHARGE › Section 2520.360 - Amendment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A charge may be
				amended to cure technical defects or to set forth additional facts or
				allegations related to the subject matter of the original charge, and such
				amendments shall relate back to the original filing date.
b) A charge may be amended to include new
				harms or bases which occurred within 180 days of the amendment or, for charges
				under Article 3 of the Act, one year of the date of the amendment.
c) A charge may be amended to substitute or
				name additional respondents. Such an amendment will relate back to the original
				filing date if at the time of the amendment a separate charge could have been
				timely filed against such additional respondent or such additional respondent
				had timely notice of the original charge and the fact it might be involved
				therein. Mere misnomer of a party may be cured at any time.
d) If a party dies during pendency of the
				proceedings, the charge may be amended to substitute the legal representative,
				or other person with a legally recognized interest in the decedent's estate,
				for the deceased.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart B - CHARGE › Section 2520.380 - Withdrawal of Charge

Current through Register Vol. 48, No. 28, July 12, 2024
A charge or any part may be withdrawn at any time prior to
				  issuance of a notice dismissing the charge or the filing of a Complaint based
				  on the charge. A complainant's request to withdraw a charge shall be in writing
				  and signed and shall specifically reference the Department's charge number and
				  any applicable federal or local charge numbers. The Department shall approve
				  the request if it is knowingly and voluntarily made, and shall administratively
				  close the charge pursuant to Section
				  2520.550
				  of this Part.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart C - PROCEDURE UPON CHARGE › Section 2520.405 - Verified Response to Charge

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Pursuant to Section 7A-102(B), for charges filed prior to September 8, 2017,
				within 60 days after receipt of the notice of the charge, or of a substantive
				amendment to a charge that includes new harms, bases or respondents pursuant to
				Section
				2520.360(b) and
				(c), respondent shall file a verified
				response to the allegations in the charge. Respondent shall serve a copy of the
				verified response on complainant or complainant's representative and shall show
				proof to the Department that the copy was served on complainant or
				complainant's representative.
b)
				Pursuant to Section 7B-102(B), for charges filed prior to September 8, 2017,
				within 30 days after receipt of the notice of the charge, or of a substantive
				amendment to a charge that includes new harms, bases or respondents pursuant to
				Section
				2520.360(b) and
				(c), respondent shall file a verified
				response to the allegations in the charge. Respondent shall serve a copy of the
				verified response on complainant or complainant's representative and shall show
				proof to the Department that the copy was served on complainant or
				complainant's representative.
c)
				When, without good cause shown, respondent's verified response is not timely
				filed and/or served on complainant or complainant's representative, complainant
				may raise that issue before the Department. The raising of an issue of an
				untimely filed and/or served verified response with the Department does not
				relieve complainant of complainant's duty to comply with the Department's
				investigation.
d) Pursuant to
				Sections 7A-102(B) and 7B-102(B) of the Act, good cause for untimely filing a
				verified response may include, but shall not be limited to:
1) Death or sudden, serious illness of
				respondent or respondent's representative; or
2) Death or sudden, serious illness of an
				immediate family member of respondent or respondent's representative;
				or
3) Respondent filed and served a
				timely verified response, but the Department later determined that respondent's
				verified response was defective; or
4) Respondent acted with due diligence and
				was not deliberate or contumacious and did not unwarrantedly disregard the
				verified response process, as supported by affidavit or other evidence;
				or
5) Respondent's failure to
				timely file a verified response was due to circumstances beyond respondent's
				control, as supported by affidavit or other evidence.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2520 - PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS › Subpart C - PROCEDURE UPON CHARGE › Section 2520.407 - Response to Charge

Current through Register Vol. 48, No. 28, July 12, 2024
a) For charges
				filed on or after September 8, 2017, pursuant to Section 7A-102(B) of the Act,
				the Department may require respondent to file a response to the allegations in
				the charge. Respondent shall file a response to the charge within 60 days after
				service of the Department's request. If the Department does not require a
				response, Respondent may still choose to file a response to the charge within
				60 days after service of the charge. Respondent shall serve a copy of the
				response to the charge on complainant or complainant's representative and shall
				show proof to the Department that the copy was served on complainant or
				complainant's representative.
b)
				For charges filed on or after September 8, 2017, pursuant to Section 7B-102(B)
				of the Act, the Department may require respondent to file a response to the
				allegations in the charge. Respondent shall file a response to the charge
				within 30 days after service of the Department's request. If the Department
				does not require a response, respondent may still choose to file a response to
				the charge within 30 days after service of the charge. Respondent shall serve a
				copy of the response to the charge on complainant or complainant's
				representative and shall show proof to the Department that the copy was served
				on complainant or complainant's representative.
c) Reasons for the Department to request that
				respondent file a response to the charge may include, but are not limited to:
1) Circumstances of the allegations in the
				pending charge; or
2) Multiple
				charges have been filed or are pending against respondent; or
3) Complainant filing a substantive amendment
				to the charge or a new charge that includes new allegations; or
4) Conflicting or insufficient evidence
				regarding the legal name or identity of respondent; or
5) Respondent's failure to cooperate during
				the investigation of the pending charge; or
6) The charge was initiated by the
				Director.