Employment Laws in Illinois

Definition of employee. Employee includes any person performing services for remuneration within Illinois for an employer, an apprentice and an applicant for employment. Employee does not include domestic servants in private homes, individuals employed by persons who are not employers as defined by the Human Rights Act, elected public officials and members of their immediate personal staffs, principal administrative officers of the state or of any political subdivision, municipal corporation or other governmental unit or agency and a person in a vocational rehabilitation facility certified under federal law who has been designated an evacuee, trainee or work activity client.

Definition of employer. Employer includes any person employing 15 or more employees in Illinois during 20 or more calendar weeks in the current or preceding calendar year of the alleged violation; the state and any political subdivision, municipal corporation or other governmental unit or agency, without regard to the number of employees; any party to a public contract without regard to the number of employees; and a joint apprenticeship or training committee without regard to the number of employees. For purposes of discrimination based on physical or mental handicap unrelated to ability, or for a sexual harassment complaint, employer is any person employing one or more employee.

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

Prohibited employment discrimination. Discrimination in employment practices against employees and job applicants on the basis of race, color, religion, sex, national origin, ancestry, citizenship, age, marital status, sexual orientation, physical or mental handicap, arrest record or unfavorable discharge from military service is prohibited.

Gender-based wage discrimination is prohibited.

Use of lawful products. Employers may not discriminate in employment practices on the basis of employees' or job applicants' use of lawful products, including tobacco or alcohol, outside the workplace during nonworking hours.

Use of native language. It is a civil rights violation for employers to impose a restriction that has the effect of prohibiting a language from being spoken by an employee in communications that are unrelated to the employee's duties. For the purposes of this law, "language" means a person's native tongue, and does not include such things as jargon, profanity or vulgarity.

The Methamphetamine Precursor Control Act. Retail distributors of any targeted methamphetamine precursor are required to train sales employees on the subject.

Recordkeeping requirements. All employers that are subject to the Human Rights Act must preserve and maintain the following employment and personnel records, to the extent that they exist, for the periods indicated:

1. All applications for employment together with all resumes and other documents or supporting materials submitted by or on behalf of applicants, for one year from the date of application.
2. Copies of all interview forms, aptitude or qualifying examinations, personal history or background examination reports and other documents pertaining to each applicant, for one year from the date of application.
3. Each employee's personnel file, including performance evaluations, attendance/tardiness records, reprimands and disciplinary records, suspension, layoff, termination or resignation records, for one year from the date of termination or separation from employment.
4. All job descriptions, production standards and other records of required job duties, qualifications and performance criteria, for one year following the date they cease to be effective.

Posting Requirements. As relief or a penalty for a civil rights violation, an employer may be directed to post in a conspicuous place notices setting forth requirements for compliance with the Human Rights Act or other relevant information that the Commission determines necessary.