Illinois Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Illinois Pre-Employment Inquiries (Interviewing): What you need to know

The Illinois Human Rights Act prohibits employment practices that discriminate against applicants, employees, and independent contractors on contracts for public buildings or public works on the basis of race, color, religion, national origin, ancestry, age (40 years and over), sex, marital status, order of protection status, disability, military status, sexual orientation, unfavorable discharge from military service (except dishonorable discharge), pregnancy, or citizenship status (Ill. Comp. Stat. ch. 775 § 5/1-101 et seq.). The act covers all public employers and private employers with 15 or more employees. However, the act applies to all employers, regardless of size, when the alleged violation is discrimination based on disability, pregnancy, or sexual harassment. Sexual orientation is defined to include gender-related identity. Disability discrimination includes unlawful discrimination against an individual based on the individual’s association with a person with a disability.
Effective January 1, 2023, the term “race” includes traits historically associated with race, including hair texture and protective hairstyles. The term “protective hairstyles” includes hairstyles such as braids, locks, and twists (Ill. S.B. 3477 (2022)).
Acquired immunodeficiency syndrome (AIDS) testing. The AIDS Confidentiality Act prohibits testing or the release of test results for human immunodeficiency virus (HIV) without written authorization from the test subject (Ill. Comp. Stat. ch. 410, § 305/1 et seq.). Testing may be done only with the knowledge and informed consent of the test subject. Off-duty use of lawful products. The Right to Privacy in the Workplace Act prohibits job discrimination on the basis of the ...

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