Park Forest — Ch. 54 Human Relations § 54-238

(a) Nothing contained in this article shall prohibit an employer, employment agency or labor organization from:
(1) Bona fide qualification. Hiring or selecting between persons for bona fide occupational qualifications or any reason except those civil-rights violations specifically identified in this article.
(2) Veterans. Giving preferential treatment to veterans and their relatives as required by the laws or regulations of the United States or this state or a unit of local government.
(3) Unfavorable discharge from military service. Using unfavorable discharge from military service as a valid employment criterion when authorized by federal law or regulation or when a position of employment involves the exercise of fiduciary responsibilities as defined by rules and regulations which the state's department of human rights shall adopt.
(4) Ability tests. Giving or acting upon the results of any professionally developed ability test provided that such test, its administration, or action upon the results, is not used as subterfuge for or does not have the effect of unlawful discrimination.
(5) Training and apprenticeship programs. Establishing an educational requirement as a prerequisite to selection for a training or apprenticeship program, provided such requirement does not operate to discriminate on the basis of any prohibited classification except age.
(6) Citizenship status. Making legitimate distinctions based on citizenship status if specifically authorized or required by state or federal law.
(b) For purposes of this article, the term "handicap" shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when an employer acts on the basis of such use. This subsection shall not apply where an employee or applicant for employment:
(1) Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;
(2) Is participating in a supervised rehabilitation program and is no longer engaging in such use; or
(3) Is erroneously regarded as engaging in such use, but is not engaging in such use.
It shall not be a violation of this article for an employer to adopt or administer reasonable policies or procedures, including, but not limited to drug testing, designed to ensure that an individual described in subsections (b)(1) or (2) of this section is no longer engaging in the illegal use of drugs.
(c) An employer may:
(1) Prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees;
(2) Require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace;
(3) Require that employees behave in conformance with the requirements established under the Federal Drug-Free Workplace Act of 1988 (11 USC 701 et seq.) and the Drug Free Workplace Act (30 ILCS 580/1 et seq.);
(4) Hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such employer holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee; and
(5) With respect to federal regulations regarding alcohol and the illegal use of drugs, require that employees comply with:
a. The standards established in such regulations of the United States Department of Defense, if the employees of the employer are employed in an industry subject to such regulations, including complying with regulations, if any, that apply to employment in sensitive positions in such an industry, in the case of employees of the employer who are employed in such positions, as defined in the regulations of the United States Department of Defense;
b. The standards established in such regulations of the nuclear regulatory commission, if the employees of the employer are employed in an industry subject to such regulations, including complying with regulations, if any, that apply to employment in sensitive positions in such an industry, in the case of employees of the employer who are employed in such positions, as defined in the regulations of the nuclear regulatory commission; and
c. The standards established in such regulations of the United States Department of Transportation, if the employees of the employer are employed in a transportation industry subject to such regulations, including complying with such regulations, if any, that apply to employment in sensitive positions in such an industry, in the case of employees of the employer who are employed in such positions, as defined in the regulations of the United States Department of Transportation.
(d) For purposes of this article, a test to determine the illegal use of drugs shall not be considered a medical examination. Nothing in this article shall be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results.
(e) Nothing in this article shall be construed to encourage, prohibit, restrict or authorize the otherwise lawful exercise by an employer subject to the jurisdiction of the United States Department of Transportation of authority to:
(1) Test employees of such employer in, and applicants for, positions involving safety-sensitive duties for the illegal use of drugs and for on-duty impairment by alcohol; and
(2) Remove such persons who test positive for illegal use of drugs and on-duty impairment by alcohol pursuant to subsection (e)(1) of this section from safety-sensitive duties in implementing subsection (c) of this section.