Illinois Advertising laws & HR compliance analysis

Illinois Advertising: What you need to know

The Illinois Human Rights Act prohibits employers with 15 or more employees from discriminating against applicants or employees on the basis of race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, disability, military status, sexual orientation, unfavorable discharge from military service, or arrest record or criminal history record that has been ordered expunged or sealed, citizenship status, or pregnancy. The disability discrimination and sexual harassment provisions apply to all employers, regardless of size unless the characteristic is a bona fide occupational qualification. This includes expressing a preference or limitation regarding one of these characteristics in advertising for employment.
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The Act covers all public employers, all public contractors, and private employers with 15 or more employees for 20 or more weeks during the calendar year of the alleged violation or during the preceding calendar year. However, the disability and sexual harassment provisions of the Act cover all employees regardless of their size. It includes state and municipal employers or any employer with a public contract or a joint apprenticeship or training committee, without regard to the number of employees ( IL Stat. Comp. Ch. 775 Sec. 5/1-101 et seq.).
The Illinois Advertisement for Strike Workers Act states that it is unlawful to advertise a job during a strike or lockout without informing prospective applicants about the labor problem. (820 ILCS 25/0.01et seq.).

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