Ill. Admin. Code tit. 56, § 2500.30 - Who is Protected Against Disability Discrimination
a) Section 1-103(I) of the Act provides that
a person is protected against discrimination if he/she
1) is currently exhibiting a condition that
constitutes a "disability";
2) has
a history of exhibiting such a condition; or
3) is perceived by an employer, employment
agency or labor organization as being or having exhibited such a
condition.
b) An
individual has a "history" of a disabling condition if he/she is restored or
recovered from a prior disability or if the individual's symptoms are in
remission. For example, persons who have had heart attacks or cancer are
protected against discrimination based upon their medical histories. The
perception of a disabling condition may occur with regard to an individual who
has been misdiagnosed, misclassified, or erroneously viewed as one who is
disabled or as having had a history of disability; the individual similarly is
protected against discrimination based upon that erroneous perception. The
perception may also occur in connection with a person whose current
non-disabling condition, e.g., hypertension, is viewed as creating the
potential for future disability.
Notes
Amended at 33 Ill. Reg. 3506, effective February 5, 2009
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