Tuesday, March 22, 2016

Legislative Update: Illinois Private Employers Can Now Legally Give Preference to Certain Veterans

March 2016
Anthony J. Caruso, Jr.



Patriotism lives in Illinois. Companies can now support our troops returning from active duty by providing them jobs. A new Illinois law allows private employers to give preference to these veterans.

The Veterans Preference in Private Employment Act became effective January 1, 2016.

What EMPLOYERS are covered under the law?
Any private (non-public) employer employing one or more employees within Illinois.

What VETERANS are covered under the law?

  1.  One who has served in the armed forces of the United States for a period of more than 180 days and who was discharged or released from active duty under conditions other than dishonorable;
  2. One who was discharged or released from active duty with the armed forces because of a service-connected disability; or,
  3. One who was a member of the Illinois National Guard who has never been deployed but separated under conditions other than dishonorable.

 What does a VETERANS PREFERENCE EMPLOYMENT POLICY mean?
It is a private employer’s voluntary preference in hiring, promoting or retaining a veteran over another equally qualified applicant or employee.

How does a private employer ADOPT a Veterans Preference Employment policy?

  1. Policy is in writing (i.e., employee handbook);
  2. Policy is publicly posted at the place of employment or on company website;
  3. Job application informs all applicants of the Veterans Preference Employment Policy and where the policy may be obtained; and,
  4. Employer applies the policy uniformly for employment decisions (hiring, promoting, and retention).

 Under this new law, Illinois private employers now have a legal basis to give preference to veterans without the risk of an alleged discriminatory policy. Employers should record and document the veteran’s preference when hiring, promoting or retaining employees.


Questions? Contact Anthony J. Caruso, Jr. of Wessels Sherman’s St. Charles office at (630) 377-1554 or via email at ancaruso@wesselssherman.com.