Illinois Selection and Testing laws & HR compliance analysis

Illinois Selection and Testing: What you need to know

The Illinois Human Rights Act prohibits discrimination based on race, color, religion, sex (including sexual harassment), national origin, ancestry, age (40 years and older), order of protection status, marital status, disability, military status, sexual orientation, unfavorable discharge from military service, arrest record, citizenship status, or pregnancy (including childbirth or related medical conditions)unless such factors constitute a bona fide occupational qualification (BFOQ), i.e., are necessary in order to perform the job in question. The Act applies to all public employers and private employers that have employed 15 or more employees for 20 or more weeks during the current or prior year. The Act's disability discrimination and sexual harassment provisions apply to all public employers and private employers with one or more employees (775 IL Comp. Stat. Sec. 5/1-101 et seq.).
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Employers may generally use and act upon the results of any professionally developed ability test as long as the test, its administration, or action based on its results is not used to discriminate against a protected individual or class of individuals (775 IL Comp. Stat. Sec. 5/2-104).
Employers are prohibited from making inquiries or using employment applications that seek information regarding an applicant's previous filing of a workers' compensation claim or the receipt of benefits (820 IL Comp. Stat. Sec. 55/10).
Unless the information is already shared publicly, employers cannot seek access to an applicant’s or employee’s social media content (820 IL Comp. Stat. Sec. 55/10).
The Employee Credit Privacy Act prohibits employers in Illinois from requesting ...

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