TITLE 56: LABOR AND EMPLOYMENT
CHAPTER XI: HUMAN RIGHTS COMMISSION
PART 5220
JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND
THE DEPARTMENT OF HUMAN RIGHTS:
NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT
SECTION 5220.100 DEFINITION OF NATIONAL ORIGIN DISCRIMINATION
Section 5220.100 Definition
of National Origin Discrimination
a) Under section 1-103(K) of the Illinois Human Rights Act, Ill.
Rev. Stat. 1985, ch. 68, par. 1-103(K), "national origin" means – "...the
place in which a person or one of his or her ancestors was born."
b) An individual has been discriminated against on the basis of
"national origin" if the individual has been denied equal employment
opportunity because of national origin or because the individual has physical,
cultural or linguistic characteristics or a name which identifies that person's
national origin.
 | TITLE 56: LABOR AND EMPLOYMENT
CHAPTER XI: HUMAN RIGHTS COMMISSION
PART 5220
JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND
THE DEPARTMENT OF HUMAN RIGHTS:
NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT
SECTION 5220.200 UNLAWFUL CONSIDERATIONS
Section 5220.200 Unlawful
Considerations
A person is the victim of
"unlawful discrimination" on the basis of national origin if the
person is discriminated against because of animosity directed towards
individuals of a particular national origin group. A person need not be a
member of the national origin group in order to be protected under the Illinois
Human Rights Act, Ill. Rev. Stat. 1985, ch. 68, par. 1-101 et seq.; "the
Act". The following subsections provide examples of the rule:
a) An individual is protected by the Human Rights Act if he or
she is discriminated against because of marriage to or association with persons
of a national origin group.
b) An individual is protected by the Human Rights Act if he or
she is discriminated against because his or her name or spouse's name is associated
with a national origin group.
c) An individual is protected by the Human Rights Act if he or
she is discriminated against because of membership in schools, churches,
temples, or mosques generally used by persons of a national origin group and
the discriminatory action is motivated by the connection between the school,
church temple, or mosque and the national origin group.
d) An individual is protected by the Human Rights Act if he or
she is discriminated against because of membership in, or association with, an
organization identified with or seeking to promote the interests of a national
origin group, and the discriminatory action is motivated by the connection
between the organization and the national origin group.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER XI: HUMAN RIGHTS COMMISSION
PART 5220
JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND
THE DEPARTMENT OF HUMAN RIGHTS:
NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT
SECTION 5220.300 THE BONA FIDE QUALIFICATION EXCEPTION
Section 5220.300 The Bona
Fide Qualification Exception
The exemption stated in section
2-104(A) of the Human Rights Act, which allows discrimination if national
origin is a bona fide occupational qualification will be strictly construed.
The burden is on the employer to prove that no person of a particular national
origin can perform the job in an acceptable manner.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER XI: HUMAN RIGHTS COMMISSION
PART 5220
JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND
THE DEPARTMENT OF HUMAN RIGHTS:
NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT
SECTION 5220.400 CITIZENSHIP REQUIREMENTS
Section 5220.400 Citizenship
Requirements
In those circumstances where
citizenship requirements have the purpose or effect of discriminating against
an individual on the basis of national origin, they are prohibited by the Human
Rights Act.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER XI: HUMAN RIGHTS COMMISSION
PART 5220
JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND
THE DEPARTMENT OF HUMAN RIGHTS:
NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT
SECTION 5220.500 PRE-EMPLOYMENT INQUIRIES
Section 5220.500
Pre-Employment Inquiries
An employer, employment agency
or labor organization may not require a job applicant to disclose his or her
national origin or ancestry, unless it can show a bona fide occupational
qualification. Likewise, an employer, employment agency or labor organization
may not require a job applicant to disclose his or her citizenship where a
citizenship requirement would have the purpose or effect of discriminating
against a person on the basis of national origin. In deciding whether a
citizenship requirement is having the effect of discriminating against
individuals on the basis of national origin, the Human Rights Commission and
the Department of Human Rights will consider whether the percentage of the
employer's workers of a particular national origin group is similar to the
percentage of qualified workers of the same national origin group found in the
geographical area from which the employer draws his or her workers. An
analagous analysis will be applied to charges brought against employment
agencies and labor organizations which have citizenship requirements. Nothing
in this section shall be construed to require an employer, employment agency or
labor organization to employ individuals who are not able to lawfully work in
the United States (See Section 5220.600). It is not a violation of the Act for
an employer, employment agency or labor organization to uniformly inquire of
all applicants whether they are able to lawfully work in the United States.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER XI: HUMAN RIGHTS COMMISSION
PART 5220
JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND
THE DEPARTMENT OF HUMAN RIGHTS:
NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT
SECTION 5220.600 UNDOCUMENTED WORKERS
Section 5220.600
Undocumented Workers
The Illinois Human Rights Act
does not require an employer, employment agency or labor organization to employ
any individual who is not able to lawfully work in the United States. The
protections of the Act will, however, extend to all individuals, regardless of
their ability to work lawfully in the United States. Accordingly, individuals
who are not able to lawfully work in the United States will be allowed to file
charges with the Illinois Department of Human Rights ("The
Department"), and said charges will be processed in accordance with the
law.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER XI: HUMAN RIGHTS COMMISSION
PART 5220
JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND
THE DEPARTMENT OF HUMAN RIGHTS:
NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT
SECTION 5220.700 SUSPECT EMPLOYMENT CRITERIA
Section 5220.700 Suspect
Employment Criteria
The use of selection criteria
which have a disparate impact on individuals of a national origin group is
unlawful, unless the criteria are justified by business necessity. It is not a
defense to show that the total selection process does not have a disparate
impact. The following selection criteria may have a disparate impact on
national origin groups:
a) Height or weight requirements;
b) Fluency in English requirements, such as denying employment
opportunities because of an individual's foreign accent or inability to
communicate well in English; and
c) Training or education requirements which deny employment
opportunities to an individual because of his or her foreign training or
education, or which require an individual to be foreign trained or educated.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER XI: HUMAN RIGHTS COMMISSION
PART 5220
JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND
THE DEPARTMENT OF HUMAN RIGHTS:
NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT
SECTION 5220.800 SPEAK ENGLISH ONLY RULES
Section 5220.800 Speak
English Only Rules
a) An employer may not have a rule requiring that employees speak
only in English at all or at certain times where the rule has the purpose or
effect of discriminating against individuals on the basis of national origin.
It is a defense to an allegation that a "speak English" rule has a
disparate impact on a particular national origin group to show that the rule is
justified by business necessity.
b) It is common for an individual whose primary language is not
English to inadvertently change from speaking English to speaking his or her
primary language. Therefore, if an employer believes it has a business
necessity for a speak-English-only rule at certain times, the employer should
inform its employees of the general circumstances when speaking only in English
is required and of the consequences of violating the rule. If an employer
fails to effectively notify its employees of the rule and makes an adverse
employment decision against an individual based on a violation of the rule, the
Human Rights Commission ("the Commission") and the Department will
consider the employer's application of the rule as evidence of discrimination
on the basis of national origin.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER XI: HUMAN RIGHTS COMMISSION
PART 5220
JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND
THE DEPARTMENT OF HUMAN RIGHTS:
NATIONAL ORIGIN DISCRIMINATION IN EMPLOYMENT
SECTION 5220.900 HARASSMENT
Section 5220.900 Harassment
a) An employer has an affirmative duty to maintain a working
environment free of harassment on the basis of national origin.
b) Ethnic slurs and other verbal or physical conduct relating to
an individual's national origin constitute harassment when this conduct:
1) has the purpose or effect of creating an intimimating, hostile
or offensive working environment;
2) has the purpose or effect of unreasonably interfering with an
individual's work performance; or
3) otherwise adversely affects an individual's employment
opportunities.
c) An employer is responsible for its acts and those of its
agents and supervisory employees with respect to harassment on the basis of
national origin regardless of whether the specific acts complained of were
authorized or even forbidden by the employer and regardless of whether the
employer knew or should have known of their occurrence. The Commission and the
Department will examine the circumstances of the particular employment
relationship and the job functions performed by the individual in determining
whether an individual acts in either a supervisory or agency capacity.
d) With respect to conduct between fellow employees, an employer
is responsible for acts of harassment, in the workplace on the basis of
national origin, where the employer, its agents or supervisory employees,
becomes aware of the conduct, and fails to take immediate and appropriate
corrective action.
e) An employer may also be responsible for the acts of
non-employees with respect to harassment of employees in the workplace on the
basis of national origin, where the employer, its agents or supervisory
employees, becomes aware of the conduct and fails to take immediate and
appropriate corrective action. In reviewing these cases, the Commission and the
Department will consider the extent of the employer's control and any other
legal responsibility which the employer may have with respect to the conduct of
such non-employees.
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