What are the employment laws in Illinois that I need to be aware of as a business owner, especially regarding discrimination and harassment?
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As a business owner in Illinois, it is important to be aware of state and federal employment laws that prohibit discrimination and harassment in the workplace. The following laws apply to businesses in Illinois:
1. The Illinois Human Rights Act (IHRA)
The IHRA prohibits discrimination based on:
- Race
- Color
- Religion
- Sex
- National origin
- Ancestry
- Age
- Order of protection status
- Marital status
- Disability
- Military status
- Sexual orientation
- Pregnancy
- Gender identity
The IHRA applies to businesses with one or more employees.
2. The federal Civil Rights Act of 1964
This law prohibits employment discrimination based on:
- Race
- Color
- Religion
- Sex
- National origin
This law applies to businesses with fifteen or more employees.
3. The Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against individuals with disabilities in all aspects of employment, including hiring, promotions, and termination. The ADA applies to businesses with fifteen or more employees.
4. The Age Discrimination in Employment Act (ADEA)
The ADEA prohibits discrimination against individuals who are 40 years of age or older. The ADEA applies to businesses with twenty or more employees.
5. The Illinois Preventing Sexual Violence in Higher Education Act
This act mandates that all Illinois colleges and universities implement policies that protect students from sexual assault, sexual harassment, and stalking.
In addition to these laws, business owners should also be aware of the following:
- Employers are required to provide reasonable accommodations to employees with disabilities under the ADA.
- Employers are prohibited from retaliating against employees who complain about discrimination or harassment.
- Employers must maintain a workplace that is free from discrimination and harassment.
- Employers must provide training to their employees on how to prevent discrimination and harassment in the workplace.
In order to comply with these laws and prevent discrimination and harassment in the workplace, business owners should create and enforce policies that prohibit such behavior, establish procedures for employees to report incidents, and provide guidance to managers and supervisors on how to handle reports of discrimination and harassment. Business owners should also provide regular training to ensure that all employees understand their responsibilities and the consequences of engaging in discriminatory or harassing behavior.
If a business owner is facing a complaint of discrimination or harassment, they should promptly investigate the allegations and take appropriate disciplinary action if necessary. It is also advisable to seek the assistance of an experienced employment law attorney to ensure that the investigation is conducted properly and to minimize the risk of legal liability.
