775 ILCS 5/2-103.5: Criteria or methods.

(This Section may contain text from a Public Act with a delayed effective date)

It is a civil rights violation for any employer, employment agency, or labor organization to use criteria or methods in any act as set forth in Section 2-102 that have the effect of subjecting individuals to discrimination on the basis of unlawful discrimination, citizenship status, family responsibilities, work authorization status, arrest record, or conviction record. Such criteria or methods are unlawful under this Section if (i) the respondent fails to demonstrate that the criteria or methods are job related for the position in question and consistent with business necessity or (ii) the respondent demonstrates that the criteria or methods are job related for the position in question and consistent with business necessity and the complainant demonstrates that the business necessity could be served by another employment practice that has a less discriminatory effect.