Illinois is Latest State to Make Homelessness a Protected Class
Author: Beth P. Zoller, XpertHR Legal Editor
August 29, 2013
Illinois has joined Connecticut and Rhode Island in passing a new law, The Bill of Rights for the Homeless Act, which designates the homeless as a protected class for purposes of employment discrimination. The new law, which is effective immediately, protects the homeless in the following ways:
- Prohibits employers from discriminating against employees and job applicants based on their housing status, which is defined as the status of having or not having a fixed regular residence, including the status of living on the streets, in a shelter or in a temporary residence.
- Specifies that an individual should not suffer or be subject to unfair discrimination based on his or her homeless status and attempts to "lessen the adverse effects and conditions caused by the lack of a residence or a home."
- Guarantees that homeless employees will not be discriminated against because they lack a permanent mailing address or because their mailing address is that of a shelter or social service provider.
In light of this new law, Illinois employers should take the following steps:
- Review and amend the nondiscrimination provisions in their workplace policies and practices to add protections for homeless employees and job applicants and to ensure that they receive equal employment opportunities.
- Train all supervisors and individuals with hiring and management responsibilities.
- Instead of asking applicants and employees for a home address, ask for a mailing address.
- Avoid negatively stereotyping homeless individuals to ensure that they are provided with resources that will help them maintain proper hygiene, medical care and assistance.