Governor Blagojevich has signed House Bill 4822, an amendment to the Illinois Human Rights Act ("IHRA") that broadens the IHRA's definition of "military status" - a protected category under the Act - to include veterans of the armed services, reserve units and national guard, in addition to those on active duty. This amendment follows an amendment to the definition of "military status" in August, 2004, which broadened that definition to include (and protect from discrimination) current members of the military reserves of the United States armed forces and the Illinois Army National Guard and Air National Guard. With the most recent amendment, which has already taken effect, the IHRA prohibits unlawful discrimination on the basis of a person's status as an active duty member or as a veteran or former member of the armed forces, the reserves, or the Illinois Air and National Guard.

This amendment follows a number of recent amendments to the IHRA, including its amendment in 2005 to include sexual orientation as a protected classification and its amendment in 2004 to allow the Attorney General to commence investigatory proceedings and bring civil actions on behalf of the citizens of Illinois.

The employment provisions of the IHRA prohibit employers from refusing to hire, segregating, taking employment actions (including those as part of recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, and tenure) or otherwise impacting the terms, privileges or conditions of employment on the basis of unlawful discrimination. A state corollary to federal anti-discrimination statutes, the IHRA prohibits discrimination in employment against a person on the basis of race, color, religion, national origin, ancestry, age, sex, sexual orientation, marital status, handicap or military status, among others. The IHRA applies to most employers.

Of particular note are the differences between the IHRA and federal anti-discrimination statutes. For instance, the IHRA and federal statutes define certain of the protected classes differently (e.g., the Americans with Disabilities Act's definition of "disability" differs from the IHRA's definition of "handicap"). Likewise, the IHRA protects categories or classes of persons that are not included in the federal anti-discrimination statutes, including "marital status," "sexual orientation," and in some circumstances "unfavorable discharge from military service." The IHRA also specifically prohibits employers from making decisions based solely on the fact of an employee's arrest record (as differentiated from a conviction record) or expunged criminal record. Especially for employers with multi-state operations who focus on federal requirements, these provisions of the IHRA can create unexpected exposure.