Champaign — Ch. 17 Human Rights § 17-40
Exceptions
Operative Text
(a) It shall not be unlawful for an employer to observe the conditions of a bona fide seniority system or a bona fide employee benefit system such as retirement, pension or insurance plan which is not a subterfuge to evade the purposes of this chapter, except that no such employee seniority system or benefit plan shall excuse the failure to hire any individual. (b) It shall not be unlawful for a notice or advertisement to indicate a preference, limitation or specification where such factors are bona fide occupational qualifications necessary for employment. Nor shall it be unlawful for a person to request, accept an order for, refer or hire an individual based on such a preference, limitation or specification where such factors are bona fide occupational qualifications necessary for such employment. (c) It shall not be unlawful for any person to develop a bona fide affirmative action plan designed to overcome the effects of past discrimination and to take action not otherwise prohibited by this Chapter or State or Federal law to carry out any such affirmative action plan.
Champaign Ch. 17 Human Rights § 17-40 carves out several exceptions to the chapter's general anti-discrimination rules. Legitimate seniority systems and employee benefit plans such as pensions or insurance programs are permitted, provided they are not being used as a cover to circumvent the chapter's protections—though neither can be used to justify refusing to hire someone. Employers may also express preferences in job notices when those preferences reflect genuine occupational requirements, and bona fide affirmative action plans designed to remedy past discrimination are explicitly allowed.
Plain English — not legal advice.
Although § 17-40 is primarily an employment-focused provision within Champaign's Human Rights chapter, property owners who employ staff should understand that seniority systems and benefit plans they maintain must be genuine and not structured to evade the chapter's anti-discrimination purposes. Compliant operators ensure that any job postings citing preferences or limitations tie those requirements to documented, bona fide occupational qualifications. Operators who have adopted affirmative action plans should confirm those plans are designed to address documented past discrimination and do not otherwise conflict with state or federal law, as required under § 17-40(c).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Champaign Ch. 17 Human Rights § 17-40 defines the boundaries of lawful exceptions to the chapter's protections, which can be relevant context if a tenant believes discriminatory treatment has been disguised as a policy exception. Tenants who suspect that a seniority system, benefit plan, or stated occupational preference is being used as a pretext to circumvent the chapter's protections may find it useful to review whether the exception genuinely qualifies under § 17-40's standards. Tenant-rights organizations and local human rights offices can help individuals understand whether a claimed exception appears legitimate under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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