State Law Changes

August 3, 2011 Update

No Updates as of August 3, 2011

Discrimination Based on Credit Report—Topic added

Effective October 1, 2011, private and public employers or their agents, representatives or designees are prohibited from requiring an employee or prospective employee to consent to a request for a credit report that contains information about the employee's or prospective employee's credit score, credit account balances, payment history, savings or checking account balances or savings or checking account numbers as a condition of employment. Employers may require employees or applicants to provide a credit report if: (1) the employer is a financial institution, (2) the report is required by law, (3) the employer reasonably believes that the employee has engaged in specific activity that constitutes a violation of the law related to the employee's employment, or (4) such report is substantially related to the employee's current or potential job or the employer has a bona fide purpose for requesting or using information in the credit report that is substantially job-related and is disclosed in writing to the employee or applicant. Any employee or prospective employee alleging a credit history violation may file a complaint with the Labor Commissioner. An employer shall be liable to the Labor Department for a civil penalty of $300 for each unlawful inquiry made in violation of the law. The law is not yet codified and reads as enacted by Section 1, P.A. 11-223 (S. 361), L. 2011, effective Oct. 1, 2011. Para ¶7-20,030.01.

Human Rights Act

The Illinois Human Rights Act was amended to provide that the Department of Human Rights will send by certified or registered mail notice of the complainant's right to sue in court or file with the Human Rights Commission, effective January 1, 2012. Upon reasonable notice to the complainant and the respondent, the Department will conduct a fact finding conference, unless prior to 365 days after the date on which the charge was filed, the Director has determined whether there is substantial evidence that the alleged civil rights violation has been committed, the charge has been dismissed for lack of jurisdiction, or the parties voluntarily and in writing agree to waive the fact finding conference. Chapter 775, Act 5, Article 7A, Section 5/7A-102, as amended by P.A. 97-22 (H. 178), L. 2011, effective January 1, 2012. Para ¶14-20,029.02.

Human Rights Act

Effective September 28, 2011, the term “service animal” includes an animal that has been determined necessary to mitigate the effects of a physical or mental disability by a physician, psychologist, physician's assistant, nurse practitioner or licensed social worker; or individually trained to do work or perform tasks for the benefit of an individual with a physical or mental disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are deaf or hard of hearing to intruders or sounds, providing reasonable protection or rescue work, pulling a wheelchair or retrieving dropped items. Under Ch. 369, the term also includes a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. However, other species of animals, whether wild or domestic, trained or untrained, are not considered service animals for the purposes of this definition. Title 5, part 12, Chapter 337, Subchapter I, Section 4553, as amended by Ch. 369 (H. 551), L. 2011, effective Sept. 28, 2011. Para ¶20-20,025.03.

Adjudication of Discrimination Claim Rules

The rules were amended to clarify the contents of a respondent’s answer to a complaint. Also, responses to all motions shall be filed within 10 days from the date the motion was filed with the Adjudication Division, unless otherwise provided by statute or the Administrative Law Judge. R602-7, Sections R602-7-3 through R602-7-6, as amended effective June 22, 2011. Paras ¶46-20,126.03 through ¶46-20,126.06.

Rules for Family Leave-State Employees

Effective July 1, 2011, employees who do not qualify for FMLA, Workers Compensation, or Long Term Disability may be granted leave without pay for medical reasons not to exceed 6 months cumulative from the first day of absence or inability to perform the employee's regular position. Also, any period of leave for an employee with a serious health condition who is determined by a health care provider to be incapable of applying for Family and Medical Leave and has no agent or designee will be designated as FMLA leave. R477-7. Sections R477-7-13 and R477-7-15, as amended July 1, 2011. Paras ¶46-22,500.05 and ¶46-22,500.06.